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HomeMy WebLinkAboutMinutes City Council - 04/14/1965MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 14+, 1965 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Duette Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The Invocation was given by the Reverend Ed Sisson, of Ebony Acres Church of Christ. Motion by Blackmon, seconded by Sizemore and passed that the minutes of the special meeting of April 6, 1965, and of the regular meeting of April 7, 1965, be approved as furnished to the Council. Mayor Furman brought up the pending item of the application #365-3, Lowell W. Benefield, for change of zoning from "R -1B" One-fem-my Dwelling Dis- trict to "B-1°' Neighborhood Business District on Tract I, southwest corner of the intersection of McArdle and Everhart, and from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract II, adjacent to Tract I on McArdle Road, on 'which public hearing was held March 31, 1965. Faires Wade, attorney representing the applicant, requested that the matter be tabled for approximately three weeks sb that he can familiarize him- self with the application as he was only asked to represent Mr. Benefield last night; and requested further that if possible the hearing be re -opened and con- sidered along with an application for rezoning of property at the corner of Mt. Vernon Drive and Everhart which is to be set for hearing by the Council. The Council was advised that since the public hearing has been held and closed on the Benefield application, if the Council desires to hear further evidence in the matter, such public hearing will have to be readvertised. Motion by Blaelnnon, seconded by Sizemore that application #365-3 of Lowell W. Benefield be tabled until May 5th. A representative of the Trinity Baptist Church felt the application did have a fair and impartial hearing before the Council, that this Council is capable of acting on the request, and that there is no necessity for further hearing. Minutes City of Corpus Christi, Texas Regular Council Meeting April 14, 1965 Page 2 Voting on the motion to table, all of the Council voted "Aye," and Mayor Furman declared the motion to table had passed. Mayor Furman stated that if the matter is re -opened, the interested parties will be notified. Mayor Furman called for the City Manager's Reports. Motion by Wallace, seconded by Jimenez and passed that the recom- mendations and requests of the City Manager be approved and granted, as follows: a. That authority to advertise for bids to be received on April 28, 1965, on Traffic Control Equipment, be granted; b. That authority to advertise for bids to be received on April 26, 1965, for City Depository, be granted; c. That Change Order No. 17, Oso Plant, Unit III, in the amount of $1,632, covering the cost to modify the incinerators on the bar screens, be approved; d. That the plans and specifications for the construction of the widening and proposed street improvements on Ocean Drive, Unit 1, from Craig to Furman, be approved; and that the request for authority to advertise for bids to be received on May 5, 1965, be granted; e. That the date of May 5, 1965, at a special meeting at 3$,30 p.m., be set for public hearing on five zoning cases; f. That the application of Atlantic Refining Company for a permit to rework Well No. 36, Rand Morgan Lease, Saxet Field, Nueces County, which is a rework of an existing well proposed to a depth not exceeding the original depth of 4,300 feet, and for which all of the required documents, including Plat showing the location of the well, certificate of insurance and property damage liability, and Railroad Commission permit, have been submitted and appear to be in order, be approved. In connection with the reading of a proposed ordinance to make the ordinlnce regulating fireworks within the City applicable to the entire City limits and an area 5,000 feet outside of the City limits, Mr. Ernest Starry, spoke in opposition on the basis that the existing ordinance has served its pur- pose to stop the hoodlum use of fireworks, and that it was not necessary to add the 5,000 feet. Minutes City of Corpus Christi, Texas Regular Council Meeting April 140 1965 Page 3 Mayor Pro Tem Blackmon explained to the Council the reasons for passage of the existing ordinance relative to fireworks due to the serious injury of several children and other citizens; the reason for not including the 5,000 feet outside the City limits due to the fact that it would create a hardship on those operators who had made leases for space and had purchased their stock for the season at the time; and stated that it had been the tem- perament of the former Council to extend the coverage of the ordnance to the 5,000 feet outside the City limits when the Christmas fireworks season was over on the basis of the hazard and health menace; and stated that in his opinion the sale and general use of fireworks creates more problems than it solves, and does more harm than the business does good. Mr. Blackmon pointed out that the ordinance provides for exceptions for exhibitions, such as during Bucanneer Days, by permit issued by the Fire Marshall. ORDINANCE NO. 7546 AMENDING ORDINANCE NO. 7440 SO AS TO MAKE SAID ORDINANCE APPLICABLE TO THE ENTIRE CITY LIMITS AND AN AREA 5000 FEET OUTSIDE OF THE CITY LIMITS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended, and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace all prevent and voting "Aye." ORDINANCE N0. 75+7 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE A WARRANTY DEW FROM ORIBTxL MILLER, SR. AND Wird, RUTH MILLER, COVERING A PORTION OF LOT 7 IN BLOCK 7, MORRIS AND LL°S EXTENSION OF SOUTH END ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, HERETOFORE USED BY THE PUBLIC AS AN EXTENSION OF FIFTEENTH STREET FOR A CONSIDERATION OF $800.00; APPROPRIATING THE SUM OF $800.00 OUT OF STREW!' FUND N0. 108, CODE 501, ACTIVITY N0. 4912, FOR THE PAYMENT OF THE CON- SIDERATIONFCR THE DEED E MEINABOVE MENTIONED; AND DECLARING AN EMERGENCY. The Charter rule was suspended, and the foregoing ordinance was passed by the following voted Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace all present and voting "Aye." Mayor Furman announced a brief recess, after which the meeting was re- convened, and it was noted that all the Council was present, and the City Manager, City Attorney, and City Secretary. Minutes City of Corpus Christi, Texas Regular Council Meeting April 14, 1965 Page 4 Mayor Furman announced the public hearing on application No. 365-4, Sea Dollar, Inc. and Sea Lands, Inc. for change of zoning from "R -1B" One - family Dwelli*+g District, "AB" Professional Office District, "B-1" Neighbor- hood Business District, and "B-4" General Business District to "B-5" Primary Business District on a 29 -acre, more or less, tract out of Lots 17 and 18, Section 2, Flour Bluff and Encinal Farm and Garden Tracts. Tom Lake, Zoning Coordinator, located the property on the map; point- ed out the zoning and land use of the area; stated that Cecil Burney, attorney representing the applicants, and six other persons spoke in support of the application at the Omission hearing; that 65 notices sere sent out, 10 re- turns were received in favor of the request, and none against; and that the recommendation of the toning & Planning Commission was that the application be approved subject to the following conditions: (1) A deed restrictive covenant which prohibits billboards, except those in connection with the proposed area; (2) Establishment of a planting strip along the southeast and southwest lines adjacent to the residences; and (3) Approval of a proper plat. Cecil Burney, attorney, speaking in support of the application, showed a prelimina+w plat of the property; explained the problems involving the small triangular tract nearby on which is located a Humble Oil service station, and involving the Go]lihar Street pattern and traffic access; and explained the manner in which these matters are all being negotiated and worked out with the City Staff, Humble Oil representative, and the applicants. Mr. Burney stated that the conditions recommended by the Zoning & Planning Commission were acceptable, and that the applicants were planning the build- ing of a fence and planting of shrubbery as well as providing a 25 -foot set- back. Representatives of Bird Pontiac, Manger Oldamobile, Creveling Dodge Motors, and Humble 011, all prospective occupants of the proposed development, were present in support of the application. Minutes City of Corpus Christi, Texas Regular Council Meeting April 14, 1965 Page 5 No one appeared to speak in opposition. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace, seconded by Sizemore and passed that the recom- mendation of the Zoning & Planning Commission be concurred in, and that an ordinance be brought forward changing the zoning from "R -1B," "AB," "B-1," and "B-4" to "B-5" Primary Business District on the 29 -acre, more or less, tract out of Lots 17 and 18, Section 2, Flour Bluff and Encinnl Farm and Garden Tracts, described in the application, subject to the following conditions: (1) A deed restrictive covenant which prohibits billboards, except those in connection with the proposed area; (2) Establishment of a planting strip along the south- east and southwest lines adjacent to the residences; and (3) Approval of a proper plat. Mayor Furman announced the public hearing on the application of Nicholson Building Supply Co., Inc., developers of Lynnwood Place Subdivision, for the closing of that portion of Honeysuckle Lane lying south of Tiger Lane in Lynnwood. Place Subdivision. City Manager Whitney pointed out the portion of the dedicated street proposed to be closed on the map; explained the development of Lynnwood Subdiv- ision in units, and the request for formal closing of this portion of a street in Unit 1, since their plans for development of Unit 2 provide for a different street pattern which he pointed out on the map. Bill Nicholson, applicant, pointed out that the property abutting this portion of dedicated street has not yet been sold to anyone so that the abandon- ment to the abutting property ownera will be to the developer and applicant. No one appeared in opposition. Motion by Blackmon, seconded by Wallace and passed that the hearing be closed. Motion by McDaniel, seconded by Jimenez and passed that an ordinance be brought forward closing that portion of Honeysuckle Lane lying south of Tiger Lane in Lynnwood Place Subdivision. Minutes City of Corpus Christi, Texas Regular Council Meeting April 14, 1965 Page 6 No one appeared to speak in answer to Mayor Furman's invitation for anyone with petitions or information on matters not scheduled on the agenda to come forward R.nd be heard. Motion by Blackmon, seconded by Wallace and passed that the meeting be recessed. The meeting was reconvened at 5:45 p.m. with all the Council., the City Manager, City Attorney, and City Secretary all in attendance. Mayor Furman nominated 0. E. Cannon as Judge of Corporation Court for a term of two years, and the Council voted una;.n.imous.iy to a prove and affirm this appointment. The matter of appointment of the Corporation Court Clerk will be dis- cussed at Monday's Work Shop. There being no further business to come before the Council, the meet- ing vas adjourned.