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HomeMy WebLinkAboutMinutes City Council - 09/05/1962PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young C:TY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING Septemter 5, 1962 200 pmL City Manager Herbert W Whitney City Attorney 1. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Reverend Rodman P. Kypke, Assistant Rector, Church of the Good Shepherd - City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leou, seconded. by Young and passed that the minutes of the regular meeting of August 29, 1962, at 200 p.m., and of -the special meeting of August 29, 1962, at 4J.10 p.m., as furnished to the Council, be approved, Mayor McDonald announced that the matter of an appointment to the Civil Defense Council would be deferred until such time as the nominee was able to attend a Council meeting since such appointment ivolved the taking of st tutory oath. Mayor McDonald recognized and welcomed to the meeting the Honorable Bruce Reagan, State Senator; Mr. William Keyes, president of the C C Chanter of Commerce; Mrs. Edna Hyde, executive director,and Mr, J. E. MnCord, msmber, of the Housing Authority; Mr. Roy Long, executive director of Hoot: Builders Association; and Bill Reading, newly associated with the News ilnartment of KRIS -TV. Mayor McDonald announced the opening of bids. Bids were opened and read on eonstruttion of Inproveltents to Lula Street, Streets in. the De Zavala Sehool Area, and Fanwood Drive adjahent, to rmiscoll School, from the following FOWCO Construction Co; South Texas Construction Co.; H & H Concrete Construction Co; H. D. Zachry; Womack & Mer4ing; and Heiden- fels Brothers. The foregoing bids vez,e tabled. for 4.8 hours es -Jnoqufreciti the City Charter, and referred to the City. Manager for tabulation art re,tommendatI3r„ Mayor McDonald called for the City Manager's Report*- City of Corpus Christi, TeYA8 Regular Council Meeting September 5, 1962 Page 2 Motion ty Roberts, seconded by Maldonado and passed that the City Manager's Reports be accepted as presented, and the recommendations and re- quests be approved and granted, as follOwS a. That the release of the sum of $32,518.26 of the balance due of $52,518.96, retaining the eum of $23,000.00 to guarantee the completion of the remaining work in connection with the McArdle Sewer project, to Bur -Tex Con- structors, be approved; b. That the proposal submitted by Humble Pipeline Company regard- ing permission for pole line attachments for communication facilities on the Savage Lane line of the T & N.0, Railroad, as approved by the County and the Navigation District, be accepted by the City on behalf of the 3 iocal agencies, that the agreements be officially executed, and the $1,750.00 payment be cred- ited to the Bridge Relocation project; c. That the extension of the Kelly Ranch farm lease on 2 tracts of Airport land, Tract 10 and 11, consisting of approximately 60 acres less roe6d and approximately 123 acres less road, for a period of 90 days from May 1, 1963, to August 1, 1963, to allow sufficient time to harvest and sell the crop, be approved4 d. That the date of Tuesday, September 25, 1962, at 730 p.m,, be set for a Joint Meeting of the City Council and the Zoning & Pix for a public hearing on the zoning application of Pbaroah Valley "B-1" zoning on approximately 8 acres of land; and that the date September 26, 1962, during a special meeting convening at 4:oo p Ki 0,mntsslou Subdivision for of Wednesday, .m., be set for public hearing by the City Council only, on 4 other zoning cases, e. That the City Manager,s Report to the Council of a letter addressed to Mr. William Anderson, Director of Planning, from Harland Bartholomew & Asso- ciates by Harry W. Alexander, relating to his review of Mr. aismith's report and Mt. Townsend's reply on the proposed annexation, and stating that in his opinion the proposed annexation is essential to the future of Coryas Daristi, be accepted as being very significant. (Ccuncil Exhibit #16 in File). ORDINANCE NO. 6619 AUTHORIZING AND DIRECTING THE CITY MANAGER, YOR AND ON B7FILLF 07 THE OITt OF CORPUS CHRISTI, TO EXECUTE A CONSENT AGREEMENT; GRANTING HUMBLE PIPE LINE COMPANY PERMISSION TO MPEE CERTAIN WIRE LINE ATTACHMENTS UPON THAT PORTION or THE SAVAGE LANE COMMUNICATION POLE LINE, AND AB MORE FULLY DESCRIBED IN SAID AGREEENT, A City of Corpus Christi, Texas Regular Council Meeting September 5, 1962 Page 3 COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; RECEIVING AND ACCEPTING FROM HUMBLE PIPE LINE COMPANY THE SUM OF $1750.00, AS PAYMENT IN FULL FOR PRIV- ILEGES HEREBY GRANTED; AND DECLARING AN EMERGENCY. The Charter rule vas suspended by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". The foregoing ordinance vas passed by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". ORDINANCE NO. 6620 AMENDING THE ZONING ORDINANCE OF THF 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 PARTICULAR- LY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON TRE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 6, BLOCK 2, LA REINA ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUE'OES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. The Charter rule vas suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". ORDINANCE N0. 6621 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 PARTICULAR- LY AS AMENDED BY ORDINANCE N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY GRANTING A SPECIAL USE PERMIT ON LOT 6,OC PURPOSES, BAY AND UNDER IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR ,L THE CONDITIONS HEREIN CONTAINED; KEEPING IN EFFECT ALL OTHER PROVISIONS OF Rik EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". The foregoing ordinance was passed by the following vote Commission- ers Swantner, Barnard, de Leon, Maldonado, Roberts, and Young present and voting "Aye", and Mayor McDonald, abstained. • City of Corpus Christi, Texas Regular Council Meeting September 5, 1962 Page 4 ORDINANCE NO. 6622 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 NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCS, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 13, 14, 15, 16, 17, 18, 19, 20 AND 21, BLOCK 9, PARKDALE VILLAGE UNIT #2, AND TO 1B, OF A DLOTS A,HE 1 1, 2, 3, 4, 5 AND 6, BLOCK 13, PARKDALE VILLAGE UNIT #3, CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A -l" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PRIVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". RESOLUTION No. 6623 APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING UNDER UNITED STATES HOUSING ACT TO ENABLE THE LOCAL PUBLIC HOUSING AGENCY TO OBTAIN FINANCIAL ASSISTANCE TO CARRY OUT PRELIMINARY PLANNING OF LOW -RENT HOUSING PROJECTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". RESOLUTION NO. 6624 EXPRESSING THE WILLINGNESS OF THE CITY OF CORPUS CHRISTI TO MAKE AVAILABLE A SITE FOR A STATE SCHOOL FOR MENTALLY RETARDED CHILDREN OF 200 ACRES ABUTTING ON A GOOD PUBLIC ROAD, ACCESSIRT,F TO PUBLIC TRANSPORTATION WITHIN THE CORPOR- ATE LIMITS OF THE CITY AND MAKE CONVEYANCE OF SAID LAND TO THE STATE OF TEXAS FOR SAID PURPOSE UPON COMMITMENT OF 'FETE' STATE TO CONSTRUCT SUCH A SCHOOL ON THP. SITE AND HAVE FUNDS APPROPRIATED IN THE AMOUNT OF AT LEAST $4,000,000,00; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor. McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting ".Aye". • City of Corpus Christi, Texas Regular Council Meeting September 5, 1962 Page 5 RESOLUTION NO. 6625 THAT APPLICATION BE MADE AND SUCH OTHER STEPS BE TAKEN AS NECESSARY TO SEEK AVAILABLE STATE FUNDS TO HELP DEFRAY EXPENSE OF THE DRISCOLL FOUNDATION CHILDREN'S HOSPITAL; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following votes Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". Mayor McDonald read a Resolution presented by Joe F. Garza, president, and Hector De Pena, legal adviser, of LULAC Council No. 1, endorsing the issues to be voted on September 15, 1962, by the voters of the City, providing for the extension of the boundaries of the City and the annexation of the territory en- compassed in said proposal, and ordered the Resolution filed as received at Council meeting. (Council Exhibit #17 in File). Mayor McDonald announced the public hearing on the application of James A. Cameron for a change of zoning from "AB" Professional Office District to "B-4+" General Business District, on Lot 17, Block IX, Ocean View Addition. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the existing zoning and land use of the surrounding area; that 3 written re- turns had been received in favor of this application, and 6 against; that the recommendation of the Zoning & Planning Commission is that the request for "B-4" General Business District be denied, but that in lieu a Special Council Permit be approved subject to the following conditions: 1) That Lot 17, Block IX, Ocean View Addition, be used only for an interior decorator shop, including the sale and restoration of oriental rugs; 2) That the exterior structure of the building and property be maintained in a manner compatible to other "AB" Pro- fessional Office District uses; 3) That lighting be confined to the interior illumination of window displays only; 4) That outdoor advertising be limited as outlined under "B-1" Neighborhood Business District regulations but that the sign be attached flat to the building; 5) That off-street parking be provided in accord- ance with the requirements of the "AB" Professional Office District regulations, including all-weather surfacing; 6) That storage of materials or containers be City of Corpus Christi, Texas Regular Council Meeting September 5, 1962 Page 6 inside a building and that there be no open storage of any type. Mr. Lake pointed out that since the Zoning & Planning Commission's recommendation had been made, the applicant had indicated that a Special Council Permit would not allow him to obtain the financing he needed for his proposed development. Delbert Bowen, realtor representing the applicant who was present, reviewed the proposed plans of the applicant for moving his shop to the prop- erty, for remodeling the existing building for the operation of his business of restoration and sale of oriental rugs and interior decorating; indicated that there is adequate parking space in the front consisting of 20' of head - in parking and on the side driveway, and with ingress and egress by using the alley to the rear of the lot; and urged the rezoning on the basis that the traffic on Santa Fe had made the former use of the property as a doctor's office undesirable, that the property abuts "B-4" zoning in the rear, and that the rezoning and use of the property will not deteriorate the surround- ing property. George Westervelt, Sr., Bert Agan, and Bill Reiff spoke in opposi- tion to the application on the basis that the requested zoning allows too many objectionable uses for the neighborhood which is still being used for homestead residences and is about 5 years premature, and that the proposed ingress and egress for the property is not adequate. Motion by Swantner, seconded by Maldonado and passed that the hear- ing be closed, and that the application be taken under advisement to allow the Council en opportunity to visit the area and study the situation. Mayor McDonald requested that Mayor Pro Tem Swantner take the Chair for the rest of the meeting since he had had speaking engagements all day, but remained to hear and vote in case of a tie. Mayor Pro Tem Swantner announced the public hearing on the applica- tion of John Mendleski for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 1, 2, 3, and 4, Block 1, Alameda Park. Tae Lake located the property on the map; pointed out the zoning and land use of the surrounding property; that of 33 letters mailed out, 7 written returns were received in support of this application and none against, and that City of Corpus Christi, Texas Regular Council Meeting September 5, 1962 Page 7 no one had appeared in opposition; and that the recommendation of the Zoning & Planning Commission is that the request for "B-4" General Business District be approved. John Mendleski, applicant and owner of the property, spoke in support of the request on the basis that all of the tenant uses on the property are non- conforming and that the needed improvements to the existing metal buildings re- quire the requested zoning, and that rental return from the requested zoning and improvements permitted by the requested zoning will greatly ease his tax burden on the property. No one appeared in opposition to the application. Mayor Pro Tem Swantner, declared the hearing closed. Motion by Barnard, seconded by de Leon and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and that the zoning on Lots 1, 2, 3, and 4, Block 1, Alameda Park, be changed. from "B-1" to "B-4". Mayor Pro Tem Swantner announced the public hearing on the applica- tion of Paul K. Lefforge and Frank Glace for a change of zoning from "B-1" Neighborhood Business District to "2-1B" One -family Dwelling District on Lots 13, 14, 15, and 16, Block 1, Mahan Acres. Tom Lake located the property on the map; pointed out the existing zoning and land. use of the area; that the zoning of these 4 lots was changed from "R -1B" to "B-1" when the present Zoning Ordinance was adopted in March, 1961; that there is one single-family residence on each of these lots; that the applicants had stated that the taxes on the properties so zoned "B-1" are prohibitive for the desired continued use as residences; that there were 2 written returns received in support of the application and 2 against; and that the recommendation of the Zoning & Planning Commission is that the request for "R -1B" One -family Dwelling District be denied on the basis that a hardship sit- uation resulting from tax assessments should not be a factor for considering changes in zoning. No one appeared to speak either for or against the application. Mayor Pro Tem Swantner declared the hearing closed. Motion by de Leon seconded by Maldonado that the recommendation of the Zoning & Planning Commission be concurred in, and that the application be denied. City of Corpus Christi, Texas Regular Council Meeting September 5, 1962 Page 8 • Commissioner Barnard stated that he felt this was a special situation, that since the properties were being used for one -family residences at the time of the rezoning and continued to be so used without any desire on the part of the owners for business use, and since the rezoning had been forced on them and not requested by them, that he considered the request was properly legitimate and should be granted. On roll call vote, Commissioners de Leon and Maldonado voted "Aye", Mayor McDonald, Mayor Pro Tem Swantner, and Commissioners Barnard, Roberts, and Young voted "Nay", and Mayor Pro Tem Swantner declared the motion had failed. Motion by Barnard, seconded by Roberts that the recommendation of the Zoning & Planning Commission be over-ridden, and that the zoning on Lots 13, 14, 15, and 16, Block 1, Mahan Acres, be changed from "B-1" to "R -1B'• On roll call vote, Mayor McDonald, Mayor Pro Tem Swantner, and Commis- sioners Barnard, Roberts, and Young voted "Aye", and Commissioners de Leon and Maldonado voted "Nay", and Mayor Pro Tem Swantner declared the motion had passed, and the application granted as prayed for. Commissioner Barnard reported that the proposed ordinance with respect to the speed of ambulances had been studied and approved by the Traffic Safety Advisory Board, the Nueces County Medical Society, the Hospitals and the Sub- committee of the Council, and requested that the City Manager present the pro- posed ordinance at this time. ORDINANCE NO. 6626 SSOEAASS TO RESTRICCTOTHEaSPOF EEDSOF AMN BULANCES9 F THE CORPUS CHRISTI CITY CODE, UNDER CERTAIN CONDITIONS; PROVIDING1958, FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". Mayor McDonald directed the City Manager to confirm the date of Tuesday, September 11, 1962, between 5 p.m. and 10 p.m., for the Civil Defense Hurricane Readiness Program. There being no further business, the meeting was adjourned.