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HomeMy WebLinkAboutMinutes City Council - 12/08/1965MINUTES CITY OF CORPUS CHRISTI, TEAS REGULAR COUNCIL MEETING December 8, 1965 2800 p.m. PRESENT: Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney Asst. City Attorney Robert Young City Secretary T. Ray Kring Mayor Pro Tem Jack R. Blackmon called the meeting to order. The invocation was given by the Reverend Charles R. Dooley, Pastor of Calvary Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Dunne, seconded by Sizemore and passed that the absence of Mayor McIver Furman and Commissioner Ken McDaniel be excused for cause. Motion by Sizemore, seconded by Jimenez and passed that the minutes of the regular meeting of Deeedber 1, 1965, at 2800 p.m., and of the special meeting of November 30, 1965, at 11:00 a.m., be approved as furnished to the Council. Mayor Pro Tem Blackmon read a proclamation procle-iming December 15, 1965, as BRUCE REAGAN DAY in Corpus Christi. Bids were opened and read for the purchase of Copper Tubing from the following: AJAX SUPPLY COMPANY; McALLEN PIPE 8o SUPPLY COMPANY; SOONER PIPE & SUPPLY CORPORATION; and METAL GOODS CORPORATION. The foregoing bide were tabled for forty-eight hours as required by City Charter, and referred to the City Manger for tabulation and recommendation. Mayor Pro Tem Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Jimenez and passed that the City Manager's Reports, Items "a" through "h" and "j" through "p" be accepted, with Items "1" and "q" being considered separately; and the recommendations and requests be approved and granted as follows: a. That the award of contract for the repainting of Runway, Apron and Taxiway Markings at Corpus Christi International Airport, be made to TOWNSCO CONTRACTING COMPANY on the basis of low bid meeting specifications; and that appropriation in the amount of 26,500.00 be authorized; Minutes Regular Council Meeting December 8, 1965 Page 2 b. That the revised plans and specifications for Joint Sealing the Commercial Apron at Corpus Christi International Airport be approved; and that authority to advertise for bids to be received December 29, 1965, be granted; c. That the authority to initiate eminent domain proceedings for the acquisition of Parcel No. 37, Midtown Traffic Exchange Right of Way, be granted; d. That the acquisition of Parcels Nos. 15, 16 and 39, Midtown Traffic Exchange Right of Way, be approved; and that appropriations in the amounts of $21,278.0 for Parcels Nos. 15 and 16, and $51,2+7.50 for Parcel No. 39, be authorized; e. That the City Code be amended to conform with the provisions of the new State Criminal Code, changing the rate at which labor or imprisonment is to be allowed against the fine assessed prisoners to $5.00 par day for imprisonment only and $10.00 per day for each day worked by the prisoner; f. That the pay classification for Key Punch Operator II, Class Grade 14, be changed to Key Punch Operator III, Class Grade 14; and a new class title of Key Puneb Operator II in Class Grade 11 be created; g. That the firm of Simpson and Curtin be employed as consultants for amass transportation study; h. That a revocable permit to Houston Pipe Line Company for the installation and operation of an 18" Pipe Line across Highway 9, along F. M. Highway 1694, and across and along Hearn Road, be approved; i. That the release of funds, retained by the City and due Heldenfels Brothers, for the construction of the South Staples Relief Sewer and Lift Station Project, be considered separately; j. That the State Highway Commission Minute Orders No. 56845 and No. 56846, regarding the Illumination System from Tarlton Street to State Highway 358, on State Highway 286 and from State Highway 44 to Interstate Highway 37, on State Highway 358, respectively, with joint participation by the City and State Highway Department, be accepted; k. That authority to advertise for bids to be received December 22, 1965, on Playground Equipment for the Park Department, be granted; Minutes Regular Council Meeting December 8, 1965 Page 3 1. That the bid award for the purchase of Stainless Steel Sheets for the Cunningham Filter Plant be made to McCormick Steel Company of Corpus Christi, in the amount of *1,759.22, as there was only $7.63 difference between the local bid and the low bid submitted by a Houston company (Bid Tabulation #46); m. That the bid award for the purchase of Sewer Cleaning Unit for the Sewer Division be made to T.V. Pipe Inspection Company of Houston, Texas, on the basis of low bid meeting specifications, in the amount of $8,000.00 (Bid Tabulation 047); n. That the bid award for the purchase of Power Pipe Saw for the Water Construction Division be made to Topaz, Inc. of Houston, Texas, on the basis of low bid meeting specifications, in the mount of $2,892.30 (Bid Tabulation #48); o. That the date of December 22, 1965, at the regular Council meeting, be set for public hearing on the closing of streets in the Loma Rosa Addition; p. That the date of December 29, 1965, at the regular Council meeting, be set for public hearing on street name changes and the naming of unnamed streets in the Western section of the City; q. That the application from Forest Oil Corporation for drilling and operation of a well in State Tract 786, Nueces Bay, be considered separately. In the discussion of Item "i", relative to the release of funds in the amount of $4,650.00, retained by the City and due Ha1rianPels Brothers, for the construction of the South Staples Relief Sewer and Lift Station Project, City Manager Whitney explained that the funds were withheld as a result of a damage claim submitted. by Nola Car Wash, Inc., and that he had received recommendations from the Legal Department and Public Works Department that the funds be released as the City vas amply protected by the Tndm"nity Bond which is still in effect. Mr. Gerald James, attorney representing Mr. Wyatt Norman, owner and manager of Nola Car Wash, Inc., stated that during the construction of the sewer line, Heldenfels Brothers made many unauthorized uses on the property, including the excavation of a ditch for the sewer line and that the premises were blocked off for a long time and were not accessible to the customers. Mr. James further Minutes Regular Council Meeting Decemtber 8, 1965 Page 4 stated that, in his opinion, the claim was a valid elAim, that legal action may become necessary, and asked that the City retain these funds until the claimhas been settled. Mr. James also stated that if these funds were retained by the City it might be helpful in settling this c1Aim. Commissioner Jimenez asked why the City retained the funds, and City Manager Whitney advised that under the terms of the contract the City had the right to withhold the funds pending any claim, and Assistant City Attorney Robert Young advised that the Council had the authority to release the money. Commissioner Sizemore asked why the City should be a part of the controversy between Heldenfels Brothers and. Nola Car Wash, Inc., and Mr. James replied that the City might possibly be involved in legal action on this matter; that the City was amply protected by holding these funds now, but if the funds were released, and the City had to rely on the bonds, it could be a different matter. Commissioner Wallace stated that the City's liability was "nil" as there was a bond in force and Heldenfels Brothers bad contracted to indemnify the City, and that claimant was asking the City to assist them in collecting a claim. Mayor Pro Tam Blackmon stated that the City could be involved in a law suit between the two parties, and Mr. James advised that if suit was filed, it would be necessary for the City to be involved. Mayor Pro Tem Blackmon asked Assistant City Attorney Young if he felt the City would be more Jihaly or less likely to be involved in litigation if the funds were retained, and Assistant City Attorney Young replied that it could be either way. Mr. James stated that if the funds were retained and litigation became necessary, then the City would not be a party to the law suit. Motion by Wallace, seconded by Sizemore and passed, with Jimenez voting "Nay", that the funds, in the amount of +,650.00, retained by the City for a damage claim, be released to Heldenfels Brothers for the construction of the South Staples Belief Sewer and Lift Station Project. Motion by Jimenez, seconded by Dunne and passed that a public hearing be held on the application from Forest Oil Corporation for drilling and operation of a well in State Tract 786, Nueces Bay (Item "q"). Minutes Regular Council Meeting December 8, 1965 Page 5 City Manager Whitney presented the application of Forest Oil Corporation to drill and operate Well. #7, State Tract 786, Nueces Bay, Mr. Whitney pointed out the surface location as being 1100 Feet from the East line and 3500 Feet from the North line of State Tract 786, Nueces Bay; that the proposed well will be drillled as a straight hole and to a proposed subsurface depth of 14,000 Feet and that applicant had submitted copy of Railroad Commission Permit, Certificate of Insurance; and the necessary filing fee and agreed to comply with all ordinances No one appeared in connectionwith this application, Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Motion by Wallace, seconded by Dunne and passed that Forest Oil Corporation be granted, a permit to drill and operate Well #7, State Tract 786, Nueces Bay. Minutes Regular Council Meeting December 8, 1965 Page 6 ORDINANCE NO. 7812 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXEUuT'E A CONTRACT WITH TOWNSCO CONTRACTING COMPANY, FOR CONSTRUCTION CONSISTING OF THE REPAINTING OF ALL RUNWAY, APRON AND TAXIWAY MARK- INGS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 117 AIRFIELD FUNDS, CURRENTLY BUDGETED IN ACTIVITY NO. 54118 CODE 3458 THE SUM OF $6,500, OF WHICH AMOUNT $6,255.31 IS FOR THE CONS::,UCTION CONTRACT AND $244.69 IS FOR CONTINGENCIES, INCLUDING LEGAL ADVERTISING COSTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE NO. 7813 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF,THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO HOUSTON PIPE LINE COMPANY FOR THE INSTALLATION AND OPERATION OF AN 18" PIPE LINE ACROSS HIGHWAY 9, ALONG F. M. HIGH- WAY 1694, THENCE ACROSS AND ALONG HEARN ROAD, IN THE CITY. OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE NO. 7814 AMENDING AN ORDINANCE ENTITLED "AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE XX PROVIDING FOR THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE," BEING 0INANCE NO. 3658, PASSED AND APPROVED BY THE CITE COUNCIL ON FEBRUARY 10, 1954, BY CHANGING THE CLASS TITLE OF KEY PUNCH OPERATOR II, CLASS GRADE 14, TO KEY PUNCH OPERATOR III, CLASS GRADE 14; BY CREATING A NEW CLASS TITLE OF KEY PUNCH OPERATOR II IN CLASS GRADE 11; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EXENENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE NO. 7815 APPROPRIATING OUT OF N0. 220 STREET BOND FUND THE SUM OF $21,278 OF WHICH AMOUNT $8,171 IS FOR PURCHASE OF PARCEL N0. 15 AND $119 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO; AND THE SUM OF $12,850 IS FOR THE ACQUISITION OF PARCEL NO. 16 AND $138 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, ALL APPLIC SLE TO PROJECT NO. 220-53-18.2, MIDTOWN TRAFFIC EXCHANGE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNERS OF THE AFORESAID PARCELS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 8, 1965 Page 7 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE N0. 7816 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $51,247.50 OF WHICH AMOUNT $51,000 IS FOR ACQUISITION OF PARCEL N0. 39 AND $247.50 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT NO. 220-53-18.2, MIDTOWN TRAFFIC EXCHANGE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNERS OF THE AFORESAID PARCEL; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE N0. 7817 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DE :RIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS; SAID CONDEMNA- TION BEING NECESSARY FOR THE MIDTOWN TRAFFIC EXCHANGE FOR PUBLIC STREET PURPOSES "*m BEING WITHIN TBE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CfY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE N0. 7818 APPROPRIATING OUT OF N0. 230 BRIDGE BOND FUND THE SUM OF $2,000 FOR APPRAISAL FEES, COURT COSTS AND TRIAL EXPENSES, ALL IN CONNECTION WITH ACQUISITION OF RIGHT OF WAY FOR RAILROAD PURPOSES AND FOR HIGHWAY 9 OVERPASS RIGHT OF WAY FROM CONSUMERS LUMBER AND SUPPLY COMPANY, BEING DESIGNATED AS PROJECT NO. 230-55-9.34; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE NO. 7819 ADOPTING MINUTE ORDER NO. 56846 PASSED BY THE STATE HIGHWAY COMMISSION ON NOV- EMBER 16, 1965, REGARDING CONSTRUCTION OF AN ILLUMINATION SYSTEM FROM STATE HIGHWAY 44 TO INTERSTATE HIGHWAY 37, ON STATE HIGHWAY 358, IN THE CITY OF CORPUS CHRISTI, WHEREBY THE CITY OF CORPUS CHRISTI AND THE STATE HIGHWAY DEPARTMENT WILL PARTICIPATE ON AN EQUAL BASIS IN THE CONSTRUCTION, MAINTENANCE AND OPERATING COST OF THE SAID ILLUMINATION SYSTEM ON STATE HIGHWAY 358 AT THE LOCATION AFORE- SAID; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 8,..965 Page 8 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE NO. 7820 ADOPTING MINUTE ORDER NUMBER 56845, PASSED BY THE STATE HIGHWAY COMMISSION ON NOVEMBER 16, 1965, REGARDING CONSTRUCTION OF AN ILLUMINATION SYSTEM FROM TARLTON STREET TO STATE HIGHWAY 358, ON STATE HIGIIWAY 286, IN THE CITY OF CORPUS CHRISTI WHEREBY THE CITY OF CORPUS CHRISTI AND THE STATE HIGHWAY DEPARTMENT WILL PARTI- CIPATE ON AN EQUAL BASIS IN THE CONSTRUCTION, MAINTENANCE AND OPERATING COST OF THE SAID ILLUMINATION SYSTEM ON STATE HIGHWAY 286 AT THE LOCATION AFORESAID; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE NO. 7821 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 13-25 OF SAID CODE, SO AS TO CONFORM WITH THE PROVISIONS OF NEW STATE CRIMINAL CODE CHANGING THE RATE AT WHICH LABOR OR IMPRISONMENT IS TO BE ALLOWED AGAINST THE FINE ASSESSED AGAINST PRISONERS IN CITY JAIL TO $5.00 PER DAY FOR IMPRISON- MENT ONLY AND $10.00 PER DAY FOR EACH DAY WORKED BY THE PRISONER; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. ORDINANCE N0. 7822 AUTHORIZING THE RELEASE OF FUNDS RETAINED BY THE CITY OF CORPUS CHRISTI IN THE AMOUNT OF $4,650 AND DUE HELDENFELS BROTHERS IN CONNECTION WITH CONSTRUCTION OF THE SOUTH STAPLES STREET RELIEF SEWER MAIN, PROJECT NO. 250-61-21.1, SAID FUNDS RETAINED FROM PAYMENT OF FINAL ESTIMATE NO. 13 AND AS APPROVED BY ORDINANCE NO. 7765, DATED OCTOBER 27, 1965; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye" for suspension of Charter rule; Furman and McDaniel absent; and Blackmon and Jimenez, present and voting "Nay" on passage. (The Legal Department ruled that the foregoing ordinance failed to pass for lack of a majority vote of the Council) Minutes Regular Council Meeting December 8, 1965 Page 9 ORDINANCE N0. 7823 AMENDING SECTION 39-8 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO MARE UNLAWFUL THE UNAUTHORIZED FIRING OR DISCHARGING OF ANY WEAPONS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI WHICH WILL PERMIT ANY AMMUNITION OR PROJECTILE TO FALL WITHIN THE CITY LIMITS OF THE CITY; DECLARING HUNTING AND THE UNAUTHORIZED DISCHARGE OF FIREARMS OUTSIDE OF THE CITY LIMITS AND WITHIN 400 FEET OF THE CITY LIMITS AND/OR THE FIRING OUTSIDE OF THE CITY LIMITS AND PER- MITTING THE PROJECTILE TO FALL WITHIN THE CITY LIMITS A NUISANCE; PROVIDING FOR PENALTY; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. Mrs. Levi Materne spoke briefly on the foregoing ordinance and inquired as to how the City would determine the 400 feet outside the City Limits, and Mayor Pro Tem Blackmon advised that the limits would be marked. Mayor Pro Tem Blackmon further advised that the foregoing ordinance was the most effective solution to the problem at this time as annexation required considerable pre- paratory work, and that the ordinance would be strictly enforced. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez,Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. RESOLUTION 70. 7824 DESIGNATING THE OFFICIAL NAME OF THE NEW BRANCH LIBRARY AT GREENWOOD DRIVE AND HORNE ROAD TO BE "GREENWOOD BRANCH PUBLIC LIBRARY"; AND DECLARING AN EMERGENCY. The Charter rul.was suspended and the foregoing resolution was passed by the following vote: Blackmon, Dunne, Jimenez, Sizemore and Wallace, present and voting "Aye"; Furman and McDaniel absent. Mayor Pro Tem Blackmon declared a brief recess before the scheduled public hearings on zoning cases. Mayor Pro Tem Blackmon reconvened the meeting after a brief recess, and advised that Ordinance No.7822 (Ordinance "k") had failed and that the minutes should be corrected. Mayor Pro Tem Blackmon further advised that it was his understanding, as well as that of Assistant City Attorney Young, that under the terms of the City Charter a majority of all the Council was required, and this would take at least four affirmative votes. ORDINANCE NO. 7822 AUTHORIZING THE RELEASE OF FUNDS RETAINED BY THE CITY OF CORPUS CHRISTI IN THE AMOUNT OF $4,650 AND DUE HELDENFELS BROTHERS IN CONNECTION WITH CONSTRUCTION OF THE SOUTH STAPLES STREET RELIEF SEWER MAIN, PROJECT NO. 250-61-21.1, SAID FUNDS RETAINED FROM PAYMENT OF FINAL ESTIMATE NO. 13 AND AS APPROVED BY ORDINANCE NO. 7765, DATED OCTOBER 27, 1965; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 8, 1965 Page 10 The foregoing ordinance failed to pass by the following vote: Dunne. Sizemore and Wallace, present and voting "Aye," Blackmon and Jimenez present and voting "Nay," and Furman and McDaniel absent. Mayor Pro Tem Blackmon stated that he voted "Nay" on the foregoing ordinance for the following reasons: (1) that policy was clearly established, (2) that con- tract provides that funds be retained from any contractor if there is an unsatisfied claim; and (3) by enforcing the provisions of the contract the City may avoid being involved in a law suit. Mayor Pro Tem Blackmon announced the Council would now hold the scheduled public hearings, and explained the procedure to be followed. Attorney William Bonilla, representing Antonio Rodriguez, asked the Council to waive their position as being first on the public hearings, and there being no objection, Mayor Pro Tem Blackmon advised that Application 11065-4 would be heard at this time. Mayor Pro Tem Blackmon announced the public hearing on Application #1065-4, Mrs. Joan Rogers, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a portion of Lot 13, Fallin's Riverside Sub- division, located on the Southeast Right of Way line of Farm Road 1964 (Callicoate Road), beginning at a point approximately 800 Feet Southwest of the Southeast corner of the intersection of Leopard Street (Highway #9) and Farm Road 1694 and extending 80 Feet in a Southwesterly direction along Farm Road 1694 for the front- age and approximately 480 feet in a Southeasterly direction from Farm Road 1694 for the depth. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held October 12, 1965, the applicant appeared in favor of the proposed change and stated that she proposed to build her home on the property and locate a beauty shop in the attached garage; that no one appeared in opposition; that fourteen letters were sent out, two returns were received in favor and two in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be denied on the basis that the requested zoning is illogical, constitutes spot zoning and would deter future development of the adjacent areas. Minutes Regular Council Meeting December 8, 1965 Page 11 Mrs. Lorraine Ellis, representing the applicant and six adjoining neigh- bors, spoke in support of the application and presented a letter signed by eighty- seven persons of the adjoining area, along with a communication signed by seven adjacent property owners, favoring the requested change of zoning. Mrs. Ellis stated that George Callicoate also favored the requested change of zoning but was unable to be present at the hearing. Mrs. Ellis further stated that applicant pro- posed to build her home on the property and locate a beauty shop in the attached garage; that the home would be build in accordance with the City Code; that eight neighbors were present in support of the application, and urged Council to reconsider the requested change of zoning. The applicant, Mrs. Joan Rogers, Mrs. E. C. Thompson, Mrs. J. C. Ellison, Mrs. John McCollum, Mrs. Ted Thomas and Mrs. Ira Hayley, were present in support of the application. Mrs. Hayley stated that they were thankful and grateful for the growth in that area, and that the beauty shop would be a little more progress in that area. Mayor Pro Tem Blackmon advised that Mr. George Callicoate had contacted him earlier, and stated that he had no objection to the proposed change. Mayor Pro Tem Blackmon read a communication from Fred G. Meyer opposing the requested change of zoning. No one appeared in opposition to this application. Commissioner Sizemore stated that within two years, the Freeway would be out in that area and recommended that the Staff study the zoning in that area. Motion by Wallace, seconded by Jimenez and passed that the hearing be closed. Motion by Jimenez, seconded by Dunne and passed that the change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a portion of Lot 13, Fallin's Riverside Subdivision, located on the Southeast Right of Way line of Farm Road 1694 (Callicoate Road), beginning at a point approximately 800 feet Southwest of the Southeast corner of the intersection of Leopard Street (Highway #9) and Farm Road 1694 and extending 80 feet in a Southwesterly direction along Farm Road 1694 for the frontage and approximately 480 feet in a Southeasterly direction from Farm Road 1694 for the depth, be approved, and that an ordinance be brought forward effectuating the change. Minutes Regular Council Meeting December 8, 1965 Page 12 Mayor Pro Tem Blackmon announced the public hearing on Application X61065-3, Antonio Rodriguez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on the Northeasterly 30 feet of the East 1/2 of Lot 2, also known as a portion of Lot 1-A, Block 4, Molina Subdivision #1, fronting 30 feet along the West Right of Way line of Elvira Drive, beginning at a point 92 feet South of the Southwest corner of the intersection of Elvira Drive and Horne Road and extending 99.06 feet in a Westerly direction from Elvira Drive for the depth. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held October 12, 1965, one person representing the applicant appeared in favor of the proposed change and nine persons appeared in opposition; that twenty-three letters were sent out, three returns received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be denied on the basis that it constitutes encroachment of business into a residential area and is an illogical extension of the existing zoning. Mr. William Bonilla, attorney, representing applicant, appeared in support of the application, and explained to the Council that applicant desired to build a drive-in grocery store on the property, and that it would be operated by the applicant and his wife. Mr. Bonilla further explained that the property was not properly platted; that all but thirty feet of the property was zoned "B-1", and that the property had been replatted and the deed corrected. Mr. Bonilla also stated that Mr. Albert Perez, and the others in opposition were opposing the change of zoning as they understood that a beer tavern would be located on the property, and that applicant did not propose to build a tavern but a drive-in grocery store. Mr. Albert Perez appeared in opposition to the request and stated that he was not opposed to a drive-in grocery store but was opposed to the sale of alcholic beverages; that there were several near -by taverns in the area, and that he had signatures of nine persons who were opposed to a drive-in where alcholic beverages would be sold. Minutes Regular Council Meeting December 8, 1965 Page 13 Commissioner Sizemore explained to Mr. Perez that all but thirty feet of the property was already zoned "B-1" and applicant could build the drive-in on the portion already zoned. Following a discussion of the uses under 'B-1" zoning, Assistant City Young explained that applicant could not build a tavern under "B-1" zoning and that Council did not give permission to sell liquor. Motion by Dunne, seconded by Wallace and passed that the hearing be closed. Mayor Pro Tem Blackmon explained to Mr. Perez that the Council did not issue permits to sell liquor, and that he could contest the liquor permit at the County Court House if applicant applied for a permit. Motion by Wallace, seconded by Jimenez and passed that the request for change of zoning from "R -1B" One -family DwellingDistrict to "B-1" Neighborhood Business District on the Northeasterly 30 feet of the East 1/2 of Lot 2, also known as a portion of Lot 1-A, Block 4, Molina Subdivision #1, fronting 30 feet along the West Right of Way line of Elvira Drive, beginning at a point 92 feet South of the Southwest corner of the intersection of Elvira Drive and Borne Road and extending 99.06 feet in a Westerly direction from Elvira Drive for the depth, be approved, and that an ordinance be brought forward effectuating the change. Mrs. Jennie Boggs appeared and stated that she had a trailer house located on her daughter's property at 5401 Eden Lane; that the area was zoned "I-2" Light Industrial District, but that she was unable to have the electricity connected, and asked the Council to check into the matter. Mayor Pro Tem Blackmon informed Mrs. Boggs that City ManagerWhitney would check into the matter. Mrs. Levi Materne asked about the taxes on business zoned property and was advised that that was a matter for the Tax Department and Tax Equilization Board. In answer to a question regarding a dress -making business in your home, Mayor Pro Tem Blackmon advised Mrs. Materne that there are a number of permitted home occupa- tions that do not require a change of zoning. Minutes Regular Council Meeting December S, 1965 Page 14 Assistant City Attorney Young spoke briefly on the hearing held that day in Federal Court relative to the Rodd Field Tracking Station, and advised that a temporary restraining order was issued against interference with the space flights; and that the company stated they did not want to interfere with the space flights but felt they should be compensated for the time the plant was shut down. Mr. Young further advised that the city had filed suit; that certain rules and regu- lations had been adopted in the area around Rodd Field, and that there is a State Statute declaring certain things to be airport hazard; Commissioner Sizemore inquired about the plans for filling the City Engineer's vacancy and the garbage fee in the western section of the City. There being no further business to come before the Council, the meeting was adjourned,