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HomeMy WebLinkAboutMinutes City Council - 03/03/1965MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 3, 1965 2:00 p.m. PRESENT: Mayor James L. Barnard Mayor Pro Tem Jim Young Commissioners: J. R. de Leon City Manager Herbert W. Whitney M. P. Maldonado City Attorney I. M. Singer W. J. Roberts City Secretary T. Ray Kring W. H. Wallace, Sr. Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend Arnold Moede, Pastor of St. Marks Lutheran Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Roberts and passed that the absence of Commissioner Jack R. Blackmon be excused for. cause. Motion by Maldonado, seconded by de Leon and passed that the minutes of the regular meeting of February 24, 1965, be approved as furnished to the Council. Mayor Barnard recognized and welcomed as special guests of the Council, representatives of the Student Council of Tuloso-Midway Junior High School, and their sponsor Mr. R. H. Petty, teacher of Social Studies; and Commissioner Roberts presented Certificates of Attendance to the following, designating them as Honorary Junior City Commissioners: Dwight Hedrick, Ronald Inken, Joe Coquet, Mark Marshall, Martha Gentry, and Cynthia Rice. Mayor Barnard recognized and welcomed Mr. Bill Farrelly, representing Mayor Tucker of the City of St. Louis, who presented a bi-centenial medallion pic- turing THE GOLDEN ARROW, a reconstructed Mississippi River paket yacht, to commem- orate and advertise that city's celebration of their 200th anniversary, and an ashtray picturing the newly constructed coliseum in Memphis from Mayor William B. Ingram, Jr., as a token of his esteem and best wishes of the citizens of Memphis to the citizens of Corpus Christi. Mayor Barnard presented a symbolic Key to the City to be given to Mayor Tucker with the City's best wishes for the success of the bi-centenial celebration of the City of St. Louis. Mayor Barnard read and presented a proclamation proclaiming March 7 through 13, 1965, as NATIONAL BUSINESSWOMEN'S WEEK, sponsored by the National Federation of Business and Professional Women's Clubs, Inc. in recognition of • Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 2 their SPRINGTIME SALUTE TO WORKING WOM d; accepted by Mrs. Estelle Brawner, Pres- ident of the Corpus Christi B. & P. W., and Mrs. Tommie Ballengee, President of Downtown B. & P. W. Mayor Barnard announced receipt of the very fine tourist brochures which were developed by the City in cooperation with the Coastal Bend Tourist Associa- tion and the Chamber of Commerce. Mayor Barnard explained that the passage on third reading later in the meeting of an ordinance establishing new building s.,amRs,ds for our community, provides for the appointment of a seven -member board, replacing the present Build- ing Standards Commission, to serve for staggered terms and to be composed of a physician, a lawyer, three representatives of the building industry, two represent- atives of home owners not associated with the other professions, and declared the Chair open for nominations for appointments to this board pending passage of the aforementioned ordinance. Mayor Pro Tem Young nominated the following as the Building Standards and Housing Board of Appeals: Harold Thomas, attorney, for 1 -year term; Jack Rice Turner, architect, for 1 -year term; Leland Ross, home building, for 1 -year term; Harvey J. Fry, Jr., member -at -large, two-year term; Dr. H. J. Williams, physician, 2 -year term; John Thomason, realtor, 3 -year term; and Alonzo M. Gonzalez, member - at -large, 3 -year term. Motion by de Leon, seconded by Roberts and passed that the nominations cease, and that the foregoing be appointed as named, effective upon passage of the ordinance establishing this Board. Mayor Barnard called for the City Manager's Reports. Motion by de Leon, seconded by Young and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted, as follows: a. That the recommendation from the Traffic Safety advisory Board to increase the present 30 -miles per hour speed limit to 4+0 -miles per hour on Cliff Maus Drive from the north right of way line of Lexington Boulevard to the east right of way line of Old Brownsville Road, and on Airport Road from the south right of way of Old Brownsville Road to the north right of way line of Horne Road, • • Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 3 be approved; b. That the request from South Texas Crude Gathering Company for a re- vocable easement to lay a 6 -5/8 -inch crude oil pipeline running ,just east of Clarkwood to Kosar, be approved terminable on thirty days notice and conditioned on holding the City harmless, conforming to City grade, and being responsible for any utilities that might be in the streets; c. That the Tax Error and Correction Lists for the months of August, 1964, and September, 1964, be approved; d. That public hearing be held at this time on the application of Hammax, Inc. for permit to drill Well No. 1, Sally Page Lease, Saxet Field, Nueces County; e. That public hearing be held at this time on the application of Gulf Oil Corporation for permit to drill Well No. 3, Texas State Lease 32973 (Block 55), Corpus Christi Bay, Nueces County. Mayor Barnard, with the consent of the Council, called the public hearing on the application of Hauuaax, Inc. for a permit to drill Well No. 1, Sally Page Lease, Saxet Field, Nueces County. City Manager Whitney presented a map showing the location of the well; explained that the well was drilled and completed in December of 1963, in the name of Maxwell and Wadsworth; that no permit was applied for at that time; that the matter came to the City's attention when they came in to apply for electrical per- mit for their pumping equipment; that the applicant stated that no permit was applied for since the well was in an annexed area that was under litigation; that applicant has furnished. the necessary documents and information with respect to leases, insurance liability, Railroad Commission Permit, and the required filing fee, all of which appear to be in order, and has not requested any exceptions; and recommended that the application be approved. No one appeared in opposition to the application. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed. Motion by Roberts, seconded by Maldonado and passed that Hamneax, Inc. be granted a permit to drill Well No. 1, Sally Page Lease, H. L. Kinney Sectionized • Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 4 Lands Survey, Saaet Field, Nueces County. Mayor Barnard, with the consent of the Council, called the public hearing on the application of Gulf Oil Corporation for permit to drill and operate Well No. 3, Texas State Lease 32973, Block No. 55, Corpus Christi Bay, Nueces County. City Manager Whitney presented a map showing the location of the well to be located 467 feet from the northwest line and 660 feet from the southwest line of Block No. 55; stated that it is proposed to drill a straight hole to a depth of 9,000 feet; that applicant has furnished the necessary documents with respect to lease, insurance liability, Railroad Commission Permit, and required filing fee, all of Which appear to be in order; and recommended that the applica- tion be approved. No one appeared in opposition to the application. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed. Motion by de Leon, seconded by Maldonado and passed that Gulf Oil Corpor- ation be granted a permit to drill and operate Well No. 3, Texas State Lease 32973, Block No. 55, Corpus Christi Bay, Nueces County. There were persons present in the audience who desired to be heard in connection with the second reading of an ordinance amending the Zoning Ordinance relative to the signs and twenty -foot setback in the "B-2" Bayfront Business Dis- trict, but it was the Chair's feeling that any additional information in regard to a matter on which public hearing has been held, should be submitted by letter to the Council; that if one side is to be heard again, due notice should be given so both sides have equal opportunity to be heard; and so ruled in this case. Motion by Wallace, seconded by de Leon that free discussion be permitted so long as this matter is before the Council. Young, de Leon, and Wallace voted "Aye," Barnard., Roberts, and Maldonado voted "Nay," and the Chair declared the motion had failed. SECOND READING OF AN ORDINANCE 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, AS AMENDED, BY STRIKING THEREFROM ALL OF SECTION 14-2, SUBSECTION 16 OF THE CORPUS CHRISTI ZONING ORDINANCE AND INSERTING IN LIEU THEREOF A NEW SUBSECTION 16, PROVIDING FOR THE MAXIMUM SIZE • Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 5 OF CERTAIN SIGNS, CERTAIN RESTRICTIONS PEGARDING SAID SIGNS AND FURTHER PROVIDING THAT NO AGENCY OF THE CITY SHALL PERMIT THE ERECTION OF ANY SIGN IN EXCESS OF SAID MAXIMUM SIZE PROVIDED HEREIN OR DIFFERENT FROM THE REGULATIONS CONTAINED HEREIN; PROVIDING FURTHER THAT SECTION 14-5 OF SAID ZONING ORDINANCE BE AMENDED BY ADDING A NEW SUBSECTION DESIGNATED AS 14-5.1 AND PROVIDING THAT NO BUILDING, STRUCTURE OR SIGN SHALL BE PERMITTED IN THE FRO3 YARD AREA OF THE "B-2" BAYFRONT BUSINESS DIS- TRICT; AND PROVIDING FURTHER FOR THE DEFINITION OF "SIGN AREA" AS SAID PHRASE IS USED IN THE CORPUS CHRISTI ZONING ORDINANCE; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Young, de Leon, Maldonado, and Roberts all present and voting "Aye," Barnard and Wallace present and voting "Nay," and Black- mon absent. ORDINANCE NO. 7506 THIRD READING OF AN ORDINANCE DEFINING SUBSTANDARD BUILDINGS WITHIN THE TERMS OF THIS ORDINANCE, ADOPTING CHAPTERS II AND III OF THE SOUTHERN STANDARD BUILDING CODE, PART IV, HOUSING, 1960-61 EDITION, WITH CERTAIN EXCEPTIONS OR CHANGES, AS SET FORTH HEREINAFTER; PROVIDING FOR THE CONDEMNATION OF SUBSTANDARD BUILDINGS OR STRUCTURES, AND PROVIDING FOR THE EVACUATION, REPAIR AND/OR DEMOLITION OF SUB- STANDARD BUILDINGS; PROVIDING FOR THE ESTABLISHMENT OF AN ORGANIZATION FOR ENFORCE- MENT; ESTABLISHING PROCEDURES INCLUDING APPEALS; PROVIDING A PENALTY FOR THE VIOLA- TION THEREOF; CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PARTICULARLY REPEALING ARTICLE IV OF CHAPTER 11 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed fin. -11y by the following vote: Barnard, Young, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Blackmon absent. Mayor Barnard declared that the appointments made earlier in the meeting to the Building Standards and Housing Board of Appeals were now valid. ORDINANCE N0. 7507 AMENDING SECTION 21-156 OF THE CORPUS (A RISTI CITY CODE, 1958, AS AMENDED, BY ADD- ING THERETO ITEMS 13 AND 14, CONCERNING THE STOPPING, STANDING OR PARKING OF VE- HICLES ON THE EAST SIDE OF BROWNLEE BOULEVARD BETWEEN SOUTH STAPLES AND AGNES STREET AND ON THE WEST SIDE OF BROWNLEE BOULEVARD BETWEEN AGNES STREET AND SOUTH STAPLES STREET DURING CERTAIN HOURS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The charter rule was suspended, and the foregoing ordinance was passed by the following vote: Barnard., Young, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Blackmon absent. ORDINANCE N0. 7508 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING THE SPEED LIMITS ON A PORTION OF CLIFF MAUI DRIVE AND AIRPORT ROAD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 6 The Charter rule was suspended, and the foregoing ordinance was passed by the following vote: Barnard, Young, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Blackmon absent. ORDINANCE NO. 7509 AMENDING 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, AS AMENDED, BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING OF BLOCKS 1 AND 2, -TOWN INDUSTRIAL DISTRICT, FILED OF RECORD IN voLUME 29, PAGES 58, MAP RECORDS Oi" NUECES COUNTY, TEXAS, ON FtaltUARY 24, 1965, BEING THAT PROPERTY ALSO MOWN AS A PORTION OF LOTS 2, 3 AND 4, RANGE 9, SECTION 5, GUGENHEIE-CORN FARM LOTS, LOCATED HETW'E'N OLD BROWNSVILLE ROAD, CLJJP MAUS ROAD AND KOSAR ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN C014'FLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended, and the foregoing ordinance was passed by the following vote: Barnard, Young, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Blackmon absent. ORDINANCE N0. 7510 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. 6106, AS AMENDED, BY GRANTING A SPECIAL USE PERMIT ON A 7.05 -ACRE TRACT OUT OF THE SOUTHWEST 10 -ACRE PORTION OF LOT 21, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A TRAILER PARK, SUBJECT TO THE CONDI- TIONS CONTAINED HEREIN; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY The Charter rule was suspended, and the foregoing ordinance was passed by the following vote: Barnard, Young, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Blackmon absent. ORDINANCE N0. 7511 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS ouBISTI, TO EXECUTE A REVOCABLE EASEMENT TO SOUTH TEXAS CRUDE GATHERING COMPANY TO PLACE A 6-5/8" 0.D. PIPELINE WITHIN CITY Shit T RIGHT OF WAY, MORE FULLY DESCRIBED HEREINAFTER; PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Oharter rule was suspended, and the foregoing ordinance was passed by the following vote: Barnard, Young, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Blackmon absent. Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965. Page 7 ORDINANCE NO. 7512 • AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO MAKE APPLICATION TO THE TEXAS STATE LIBRARY ON THE FORMS PRESCRIBED BY THEM FOR A FEDERAL GRANT PURSUANT TO TITLE II OF THE LIBRARY SERVICES AND CONSTRUC- TION ACT (P.L. 88-269), AND TO EXECUTE ALL FORMS AND AGREEMMITS AS REQUIRED BY THE TEXAS STATE LIBRARY AND APPLICABLE TO THE PROPOSED CONSTRUCTION OF THE WESTSIDE BRANCH LIBRARY, CITY PROJECT NO. 207-64-6; AND DECLARING AN EMERGENCY. The Charter rule was susDendee, and the foregoing ordinance was passed by the following vote: `!Dung, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Blackmon absent. ORDINANCE No. 7513 CALLING AN 1rr CTION FOR MAYOR AND SEX (6) COMMISSIONERS IN THE CITY OF CORPUS CHRISTI TO BE HELD ON THE FIRST TUESDAY IN APRIL, 1965; DESIGNATING PLACES OF HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF ELECTION, AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended, and the foreoing ordinance was passed by the following vote: Barnard, Young, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye," and Blackmon absent. Several representatives and members of the International Longshoremen's Association again protested the use of the City barge dock for the unloading of ships, the overloading of the trucks hauling cargo away which will tear up this section of Shoreline, that the rental for use of this facility is much cheaper than that charged for use of the Navigation District dock, that labor is being brought in from Houston at a much cheaper rate for this loading and unloading, and that none of this is in the public interest of the citizens of Corpus Christi. Mayor Barnard commented that all of these matters are under consideration by the Staff and Council; stated for the record that for over a year he has favored closing the barge dock or moving it to another area; and with the approval of the Council, he called a public hearing during the regular meeting of March 17th on the matter of the use that should be made of the barge docks, or whether or not the facility should be abandoned for public use. Mayor Barnard announced the public hearing on Application No. 1264-1, Paradise Lumber Corporation for change of zoning from "A-2" Apartment House Dis- trict to "I-2" Light Industrial District on a portion of Lot "A' out of Lot 1, Block 1, Byron Willis Subdivision. • Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 8 Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that the applicant appeared in support of the application at the Commission hearing, and two persons spoke in opposition; that thirty-two notices were sent out, three returns received in favor of the request, and eight in opposition, and that a petition containing 104 signa- tures representing sixty-four properties was received in opposition; presented the Staff study and suggested layout relative to the possible use of this property in line with the existing "A-2" zoning and the adjacent residential subdivision which had been requested by the Commission; and stated that the recommendation of the Zoning & Planning Commission was that the request be denied on the basis that approval would constitute encroachment of industry into an existing residential area. No one appeared to speak in support of the request. George Stevens, 4934 Kathy Drive, representing some of the property own- ers in the area, pointed out that this is the third time Mr. Ditty has applied for industrial zoning on this property, that the first two times in the name of Modern Homes Supply Co. it was denied, but the second time he was granted apartment zon- ing to give him a broader use of the property; that this third time in the name of Paradise Lumber Company, the Zoning & P arming Commission has again denied the industrial zoning; and urged that the request be denied on the basis that the area is surrounded by modern, well kept homes and churches, there is a preliminary plat on the property to the east for residential development for which the streets and severs are already laid out; that industrial development represents an attractive nuisance to children in the area; and that it would materially reduce the value of the surrounding residential property. The following wished to be recorded as being present in opposition to the application; Mr. and Mrs. F. L. Jackson; 4914 Kathy Drive; Mrs. E. J. Nesbitt, 4926 Mable; two persons representing the Abiding Saviour Lutheran Church; Mrs. George Stevens; Mr. and Mrs. Charles Harris, 4914 Mable; Mrs. J. M. Burnett, 4926 Kathy; and F. R. Cawfield, 4810 Mable. Motion by Wallace,, seconded by de Leon and passed that the hearing be closed. Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 9 Motion by de Leon, seconded by Wallace and passed with Maldonado ab- staining, that the recommendation of the Zoning & Planning Commission be concurred with, and the request for "I-2" zoning on the portion of Lot "A" out of Lot 1, Block 1, Byron Willis Subdivision, be denied. Mayor Barnard announced the public hearing on Application No. 164-1, R. E. Macomber for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on the northerly 653.35 -foot portion of Lot 2, Block 1, Saratoga Place. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that William McClendon, engineer, and the applicant appeared in support of the application at the Commission hearing, and no one appeared in opposition; that ten notices were sent out, and no returns were re- ceived; and that the recommendation of the Zoning & Planning Commission was that the application be approved as submitted. R. E. Macomber, applicant, explained that a Dallas company wishes to establish a cookie plant and frozen food locker on the subject property that will employ several families; that he has his cabinet shop in front of the property; and that he feels this will be an industrial area in the future. Mrs. Kochinsky Cutter (7), explained her ownership of the 3.5 acres back of the subject property on Sarah Street, and stated she was very much in favor of any development of the property. At the request of the Council, Mr. Lake explained the Staff's recommenda- tion that it was premature to attempt to set up zoning patterns where there is so little land use, and that the Staff does not envision Saratoga Boulevard as an industrial type street. Motion by Young, seconded by de Leon and passed that the hearing be closed. Motion by Young, seconded by de Leon that the recommendation of the Zoning & Planning Commission be concurred in, and the application be approved as submitted. Young, de Leon, and Maldonado voted "Aye," Wallace, Roberts, and Barnard voted "Nay," and the Chair declared the motion failed. • Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 10 Motion by Wallace, seconded by Roberts that the foregoing application for "I-2" zoning on the northerly 653.35 -foot portion of Lot 2, Block 1, Saratoga Place, be denied. Commissioner Wallace stated for the record, that the Staff studies and recommendations were approved by the Zoning & Planing Commission and by the Council at the time the annexed area was permanently zoned, and that he knew of no new conditions since that time to warrant any change of zoning in this area, and pointed out that the recommendation for approval of this application vas not unanimous. On vote, Wallace, Maldonado, and Barnard voted"Aye," Young and de Leon voted "Nay," and Roberts abstained, and the Chair declared the motion passed three to two. Mayor Barnard announced the public hearing on Application No. 165-2, Mrs. Manuela Montalvo for change of zoning from "R -1B" One -family Dwelling Dis- trict -to "B-4+" General Business District on Lot 15, Block 1, Santa Elena Addition. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that James Martin, attorney representing the appli- cant, appeared in support of the application at the Commission hearing, and no one appeared in opposition; that thirty-one notices were sent out, and two re- turns received in favor, and one in opposition to the request; and that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that approval would constitute encroachment of business into a residential area and spot zoning. James Martin, attorney representing the applicant, presented several photos of the property showing a grocery store next door, which is non -conforming; pointed out that a petition of approximately eleven signatures was presented to the Commission, in favor of the request; that most of the residents in the immed- iate area are renters, not home owners; and that due to the trucks and heavy traffic on, the property is unsuitable for a residence. Mrs. Manuela Montalvo, applicant, stated that her son who is a mechanic wants to put an automobile repair shop on the property, and that he would not be working at night so would not disturb the neighbors. Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 11 Everett L. Williams, Dean of Del Mar Technical Institute, spoke in opposition. to the request on the basis that Del Mar Technical Institute is in the process of developing the thirty -acre tract across the street from the subject property, and it was possible the campus would be developed even further down Airport Road, and would be an attractive and beautiful addition for the City; that he was opposed to this spot zoning as not being according to good zoning practices; that possibly the rather run-down appearance of the residences was due to renters, but perhaps the City could bring the buildings up to standard by put- ting on an area beautification project; that he was not opposed to business, but this is a very small lot and other applications for scattered small lot businesses might follow the granting of this one which would not benefit the area. Motion by Roberts, seconded by de Leon and passed that the hearing be closed. Motion by Roberts, seconded by Young that the recommendation of the Zoning & Planning Commission be concurred in, and the request for "B-4" zoning on Lot 15, Block 1, Santa Elena Addition, be denied. Roberts, Young, and Barnard voted "Aye," de Leon and Wallace voted "Nay," and Maldonado abstained; and the Chair declared the motion passed three to two, with one abstaining. Mayor Barnard announced the public hearing on Application No. 165-3, E. E. Harrison for change of zoning from "$-2" Two-family Dwelling District to "B-1" Neighborhood Business District on the north thirty feet of Lot 1 and all of Lot 2, Block 6, Tracy Addition. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that the applicant appeared at the Commission hear- ing in support of the application, the Staff presented a petition signed by seven neighboring property owners in opposition, and that no one appeared to speak in opposition; that twenty-nine notices were sent out, three returns received in favor, two in opposition, and one which was not either for or against; and that the recommendation of the Zoning & Planning Commission was that it be approved as submitted on the basis that it constitutes a reasonable extension of the exist- ing zoning pattern. • Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 12 E. E. Harrison, applicant, explained he has owned the property since 1945, that he owned eighty feet on Elizabeth and 140 feet on Baldwin; that when Baldwin was widened, he sold the City forty feet of the property for right of way, and that since then he has been unable to rent the duplex and sold the house, but kept the land; that helm requesting the rezoning so something can be done with the property. C. C. Barnard, owner of Lot 6, Block 6, at 2625 Elizabeth Street, stated that he was not opposed to business zoning for this property, but he and his neighbors would be opposed to a liquor store or a garage, as this is a peaceful neighborhood and they want to keep it so. Mayor Barnard reported that Roy Hall, owner of Lot 5, Block 5, at 1818 Keys Street, had been present earlier in the meeting but had to leave to go to work, and had stated he was strictly opposed to any change in zoning. Motion by Wallace, seconded by Young and passed that the hearing be closed. Motion by Wallace, seconded by Maldonado and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and that an ordinance be brought forward changing the zoning from "R-2" to "B-1" Neighborhood Business District on the north thirty feet of Lot 1 and all of Lot 2, Block 6, Tracy Addi- tion. Franklin Critz expressed his views against free standing signs on the Bayfront property which are in accord with the Hare & Hare Report and the Barth- olomew Report. W. H. Stahl requested that further action on his application for re- zoning of the northerly fifty-four feet of Block "U" and all of Blocks "V" and "W," Lexington Place, be tabled for one week. Lowell Benefield appeared in regard to property at the corner of Kostoryz and Houston Street, on which change of zoning for a filling station on Lot 35, Gus Heye Addition, was approved by Council on December 9, 1965, subject to erection of a six-foot solid Peace on the northwest boundary of the property; explained that he has purchased the northeast eighty-five feet of Lot 1, abutting • Minutes City of Corpus Christi, Texas Regular Council Meeting March 3, 1965 Page 13 the property on Kostoryz, and application for change of zoning on this section has been approved by the Zoning & Planning Commission subject to erection of a 444 siz-foot solid fence along the interior property lines; that he has also pur- chased and applied for change of zoning on Lot 36 abutting Lot 35 on the Houston Street or northwest boundary, to use in connection with his filling station op- eration; and requested that the condition of the fence between Lot 35 and Lot 36 be removed. Motion by Young, seconded by Maldonado and passed that an ordinance be brought forward changing the zoning from "R -1B" to "B-1" Neighborhood Business District on all of Lot 35, Gus Heye Addition, but that the condition of the erection of a six-foot solid fence on the northwest boundary of the property not be required at this time with the understanding that the six-foot solid fence requirement shall apply to the exterior boundary of business zoning at this location. There being no further business to come before the Council, the meeting was adjourned.