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Home My WebLink AboutMinutes City Council - 03/29/1961REGULAR COUNCIL MEETING March 29, 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 Mayor Pro -tem Barnard in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Humble, seconded by Joe Dunn and passed that the minutes of the regular meeting of March 22, 1961, be approved. Mayor King announced the Council was ready to dispose of the pending item of 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 Ordinance, on Lot 11, Block 2, Furman Addition, being that property located at 522-524 Hancock Street, on which public hearing was held on March 22, 1961. Motion by Humble, seconded by Joe Dunn and passed, with Commissioners Airheart and Lozano voting "No", that the recommendation of the Zoning & Plan- ning Commission be upheld and the application be denied. A. H. Hurst, who had represented the applicant at the public hearing, objected to the foregoing action on the basis that since no one had appeared in opposition to the application at last week's hearing, he had assumed it would be granted; restated his argument that it would not constitute spot zoning; and seated that he did not think the Council had given the application the right con- sideration. It was explained to Mr. Hurst that a ruling of spot zoning is hard to overrule, and that as long as two or more of the Council vote to uphold the re- commendation of the Zoning & Planning Commission, the decision cannot be over- ruled. .Regular Council Meeting March 29, 1961 Page #2 Mayor King announced the Council would next take up the matter of the pro- posed New Zoning Ordinance, and stated that all of the changes previously made by the Council were now included in the text and on the zoning map. Motion by Barnard, seconded by Humble and passed that the following changes be made on the map and to the text of the New Zoning Ordinance prior to the third and final reading: That Lots 1, 2 & 3, Block 6, corner of 19th Street and Morris, be changed from "A-3" to "B-4"; That the front yard setback regulation for the "B -1A" Tourist Court Dis- trict, Corpus Christi Beach, be made 4 feet; That the 1,000 sq.ft. of lot area per unit be removed in the "AT" District, thus permitting the front lot ratio to be the controlling factor for density; That Section 26-3 be changed to provide for the designation of non -con- forming use to be registered with the Building Inspector within one year; That Section 29-1 be changed to provide that the organization of the Board Of Adjustment be the same as it is in the existing ordinance; and That Section 36-3 be added to provide that the manner of publication shall be publication one time in the official publication, and that such publication shall contain the caption stating in substance the contents of the ordinance and that penalty for violation shall be a fine not exceeding One Hundred Dollars. Mayor. -,?ng called for the third and final reading of the New Zoning` Ordinance. ORDINANCE NO. 6106 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 ORDIN- ANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, AND ESPECIALLY AS -AMEND- ED 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 SEVERABILITY CLAUSE. The foregoing ordinance was read for the third time and passed finally by the following vote: All Council members present and voting "Aye". Mayor King called next for the City Manager's Reports. • • Regular Council Meeting March 29, 1961 Page #3 Motion by Joe Dunn, seconded by Humble and passed that the recommendations and reports of the City Manager be approved and accepted, as follows: a. That the preliminary plans and specifications for Fire Station #11 on Airline Road, be approved; b. That the sub -lease, on the same terms, of the farm lease now held by Adolph A. Merck on South Guth Park to Roy Smith, be approved; c. That acceptance and final payment in the amount of $1500 now due Price Construction Company for Air Conditioning of the Coliseum, be approved; d. That the Accident Frequency Report for the past 6 -months' period, since the employment of the Safety Engineer, be noted, which shows 5 lost -time accidents this year to date as compared with 17 last year to date, resulting in 35 days lost time as compared to 197 days lost time; that the Texas Safety Confer- ence has just awarded the Gas Division recognition for the second consecutive year for their accomplishments in personnel safety, on the basis of working 219,382 hours during the calendar year, 1960, without a disabling or lost -time injury, and also the City's general administrative offices received recognition for working in excess of 200,000 hours without any lost -time injuries; all of which points to the fact that the City can expect a substantial reduction in our insurance rate coverage; o. That the appointment of substitute Judges and designation of sub- stitute Polling Places in connection with the April 4, 1961, election, be made as followss city Precinct No. Polling Place 1 2. 3 4 Northside Jr. High School (Cheston Heath School) 500 N. Carrizo St. 5 Ramirez Building Antelope & N. Staples a 10 Sokol Hall Kostoryz Road 13 16 Kelsey Memorial Methodist Church - 1602 Comanche St. ud e Mrs. Andy Womack C. J. Jackson Geo. LaBrier J. J. Geiptner Bryan Bingo Mra. Selma Hall t • • Regular Council Meeting March 29, 1961 Page #4 City Precinct No. Polling Place Judge 17 Church of Christ 2602 Buffalo 18 Miss Judy Bishop 19 Madden Clinic 701 Agnes Street 26 Cipriana R. Gonzalez 29 Lindale Recreation Center Herbert French 3133 Swantner 31 Guzman's Garage Old Robstown Road & N.Saxet Dr. A. W. Friske 33 W. Faupel 34 Mrs. P. A. Tom 37 Mrs. James Fulton 39 Wynn Seale, Jr. Nigh Annex 1600 Block South Staples 42 St. John Methodist Church Mrs. W. W. Harron 5300 So. Alameda 43 John H. Kelly 45 Adcock's Garage 1442 Annapolis 46 Mrs. T. L. Parker 50 Mrs. G. M. Bluhm 52 Rose Gonzales 59 Mrs. H. H. McCool 63 B. E. Bigler 65 Abel Chapa 66 Sadler Industries 67 Wm. K. Fraser Ele. School Anna T. Nicolas 68 Woodlawn Elementary School 1110 Woodlawn Street 70 71 Trinity Baptist Church 4825 Everhart Road Lee Hugon 73 Garage Mrs. John B. Kirton' 1520 Armond Drive 74 Mrs. H. E. Hicks Motion by Barnard, seconded by Joe Dunn and passed that T. Ray Kring be appointed Acting City Manager for the rest of the afternoon during Mr. Whitney's attendance in Court, and that Mrs. Doris Francis be appointed Acting City Secre- A N Regular Council Meeting March 29, 1961 Page #5 tary while Mr. Kring is serving as Acting City Manager. City Manager Whitney and City Attorney Singer left the meeting, and the foregoing action was announced to be in effect, with Assistant City Attorney Way- land Pilcher attending the meeting in place of Mr. Singer. Mayor King explained for the benefit of the audience, that the unusual proceedings of this meeting as to the foregoing appointments and the deviations from the order of the agenda were due to the required presence in Court of these Staff Members by prearrangement with the Court so as not to have to excuse the Jury again today. Mayor King announced the Council would next act upon the pending appli- cation of Forbes Daviason, and others, for change of zoning from "A-1" First Apart- ment House District to "AT" Apartment -Tourist District, as proposed in the New Zon- ing Ordinance, on Lots 1 through 14, Clark Pease B. F. Subdivision, in the 4200 Block of Ocean Drive, on which public hearing was held on February 20, 1961, and on which no action was taken since the recommended zoning classification did not exist at the time of the hearing. Motion by Joe Dunn, seconded by Barnard and passed that the applica- tion of Forbes Davisaon, and others, for a change of zoning on Lots 1 through 14, Clark Pease B. F. Subdivision, in the 4200 Block of Ocean Drive, be approved and the Zoning be changed from "A-1" to "AT" Apartment -Tourist District. Mayor King announced the Council would hold the public hearing on the application of Mrs. Kate A. Olson and Mrs. Ethel Martin for a change of zoning from "R-1" to "A-2" on Lots 18, 19 and 20, Block 7, Del Mar Subdivision, 1714 and 1718 Santa Fe, and read the recommendation of the Zoning & Planning Commission that the application be denied on the basis that it would not be in the public interest, and if granted would contribute to the congestion of traffic flow and parking on Santa Fe which is presently restricted to "no parking" during certain hours of the day. William Anderson, Director of Zoning & Planning, located the property on the zoning map and pointed out the nature of the surrounding area on the land use map. • Regular Council Meeting March 29, 1961 Page #6 Mrs. Martin and Mrs. Olson appeared together to speak in support of their application on the basis that they had hoped to be able to sell the three lots in- volved for a doctor's clinic, or for professional offices with off-street parking on the vacant lot, that they did not understand why the rezoning would not be in the public interest since there had been no objection from their neighbors, that if the vacant lot were used for parking it would not contribute to the traffic flow, and that they did not know whether or not the deed restrictions were still in effect. During the discussion of this application, it was suggested that a real estate agent might be better able to help them find a buyer with definite pland for the development of the property, that he would be able to advise them as to pro- cedure for lifting the deed restrictions, and that the Council cannot zone an area contrary to deed restrictions which are in force. Motion by Pat Dunne, seconded by Barnard and passed that the hearing be closed, and the application taken under advisement. Mayor King announced the Council would hear the application of [day B. Smith for a change of zoning from "R-1" to "B-3" on a portion of Lot 1, Section 5, Bohemian Colony Lands Subdivision, part of revised preliminary plat "Columbia Park", northwest corner of Lexington Boulevard and Greenwood Drive, and read the recommendation of the Zoning & Planning Commission that the applicant be granted additional "B-3" zoning to equal the amount of area that will be or has been ac- quired by the State Highway Department for the widening of Lexington Boulevard but that the remaining area included in the application be denied on the basis that it would constitute strip zoning which can be eliminated by coordinating it with the applicant's future subdivision. Mr. Anderson located the property on the map and pointed out the portion taken by the State Highway Department for the widening of Lexington Boulevard, and explained that the applicant does not have a planned subdivision yet. No one appeared either in favor of the application or opposed to it. Motion by Barnard, seconded by Humble and passed that the hearing be closed and the recommendation of the Zoning & Planning Commission be upheld and additional "B-3" zoning be granted equal to the amount or area that will be or has been acquired by the State Highway Department for the widening of Lexington Boulevard, and that the portion of the application which would constitute strip Regular Council Meeting March 29, 1961 Page #7 zoning be denied. • Mayor King announced the Council would hear the application of J. B. Garrett for a change of zoning from "A-2" to "B-4" on the east 46.333 feet of Lots 10 and 11, Block 1, Booty and Allen Addition, 1110 Elizabeth Street, and read the recommendation of the Zoning & Planning Commission that it be approved for "B-1" Neighborhood Business District rather than "B-4" Primary Business District. Mr. Anderson located the property on the map and pointed out the small portion of the lot covered by the request which the applicant desires to use in his plumbing operation, and pointed out that his adjoining property is now "B-4". No one appeared in opposition to the application. Owen B. Cox, attorney, appeared on behalf of the applicant, and explain- ed the applicants plans to use the garage as the office of his operation and rent the front building, and explained the business is presently being conducted with the garage being used for storage -purposes only by permission of the Board of Ad- justment, but that to conduct his entire operation using the garage as office, he needs the "B-4" classification instead of the present "A-2" classification, since he cannot conduct his business in a lesser zoning. Motion by Humble, seconded by Barnard and passed that the hearing be closed and that the zoning on the east 46.333 feet of Lots 10 and 11, Block 1, Booty and Allen Addition, bechanged from "A-2" to "B-4". Mayor King announced the Council would hear the application of W. D. Miles for a change of zoning from "R-1" to "5-1" on the southeast one-half of Lots 8 and 9, Ave Cooper Addition, 4400 Block of Kostoryz Road, and read the recommendation of the Zoning & Planning Commission that it be approved subject to the acceptance of a plat of the area described in the application by the Planning Commission. Mr. Anderson located the property on the map and pointed out the use of the surrounding area. No one appeared in opposition to the application. w. D. Miles appeared in support of his application, and stated that the final plat has been submitted. • Regular Council Meeting March 29, 1961 Page #8 • Motion by Humble, seconded by Pat Dunne and passed that the hearing be closed and the application be granted, subject to approval of the final plat. ORDINANCE NO. 6101 RECEIVING AND ACCEPTING THE WORK OF AIR CONDITIONING OF MEMORIAL COLISEUM, INSTALL- ED BY PRICE CONSTRUCTION COMPANY, CONTRACTORS, UNDER THEIR CONTRACT -DATED JUNE 10, 1959; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 8, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MARCH 24, 1961, IN THE AMOUNT OF $1500.00 REPRESENTING THE BALANCE DUE THE CONTRACTOR SAID PAYMENT TO BE FROM FUNDS PREVIOUS- LY APPROPRIATED FOR THIS PROJECT IN ACTIVITY NO. 4161, colg 502; 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. 6102 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OF LAND OWNED BY J. T. PRADO, ET AL, LOCATED IN EDE68S COUNTY TEXAS,, AND IMPROVEMENTS THEREON, DESCRIBED AS LOT 1, BLOCK 3, SOUTHERLANDS ADDI- TION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY VOLUME 3, PAGE 51 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID CONDEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART'OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE PRO- CEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING. AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Mem- bers present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council Members present and voting "Aye". ORDINANCE NO. 6103 AFFIRMING THE DECISION OF THE ELECTORATE WITH REFERENCE TO THE FUTURE USE OF CLIFF MAUS AIRPORT FOR PUBLIC AND SEMI-PUBLIC PURPOSES AND ESTABLISHING SUCH DECISION OF THE ELECTORATE AS A POLICY FOR THE FUTURE OF SAID PROPERTY; REPEALING ALL ORDINANCES IN CONFLICT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Members present and voting i°Aye". The foregoing Qjrdinance was passed by the following vote: All Council Members present and voting "Aye". • • Regular Council Meeting March 29, 1961 Page #9 ORDINANCE NO. 6104 • 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 N0. 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 ORDIN- ANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 1 AND 2, BLOCK 8, KOOLSIDE ADDITION, FROM "R-1" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, AND CHANGING THE ZONING OF THE SOUTHWEST 150' x 150° OF LOTS 2, 4 AND 6, BLOCK 78, BROOKLYN ADDITION, AN ADDI- TION TO THE CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS, FROM "A-4" TOURIST COURT 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 by the following vote: All Council Members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Coun- cil Members present and voting "Aye". ORDINANCE NO. 6105 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF ONE-HALF OF SPECIAL ASSESSMENT IN THE AMOUNT OF $97.72 AGAINST THAT CERTAIN PROPERTY FRONTING 38.88 FEET ON THE NORTH- WEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS LOT 2, BLOCK 1, WYNWOOD ONE, AND THE OWNER THEREOF, JAMES L. MORGAN; 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 Coun- cil Members present and voting "Aye". City Secretary Kring read a letter signed by Dan Chamberlin, dated March 28, 1961, addressed to Mayor Ellroy King and Members of the City Council, congratulating them on a job well done for Corpus Christi during the past two years. (See Council Exhibit #3 in File.) • Regular Council Meeting March 29, 1961 •Page #10 • 1 Mayor King requested that the City Secretary acknowledge Mr. Chamberlin's letter and express his personal appreciation and that of the Council for his com- ments. Mayor King invited anyone in the audience who had business with the Coun- cil to come forward and be heard. Mrs. Jim Naismith, Chairman of -the Park 6 Recreation Board, thanked the Mayor and Council for the consideration and assistance they had given the Board dur- ing their term of office, and speaking as an individual, thanked them for the time and efforts they had made on behalf of all the citizens for the betterment of Corpus Christi. Mayor King thanked her for her remarks on behalf of himself and the Council. Perry Melton appeared to ask about the status of his claim with regard to his property at Mohawk, Highland, Morgan and Baldwin intersection which he had brought to this Council's attention at last week's meeting. Mayor King replied that the Council could not give him any answer at this time since the City Manager had left the meeting and had not left any report or recommendation with the Council, but that perhaps it would be possible to give him an answer next week. There being no further business to come before the Council, the meeting was adjourned. I, ELLROY KING, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of March 8, 1961, through March 29, 1961, inclusive, and having been previously approved by Council action, are by me hereby approved. KT.T,ROY KING City of Co us