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HomeMy WebLinkAboutMinutes City Council - 12/15/1965MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 15, 1965 2:00 p.m. PRESENT: Mayor McIver Furman Commissioners: Patrick J. Dunne City Manager Herbert W. Whitney Dr. P. Jimenez, Jr. Asst. City Attorney Robert Young Ken McDaniel City Secretary T. Ray Kring Ronnie Sizemore Wm. R. Wallace Mayor McIver Furman called the meeting to order. The invocation was given by the Reverend Malford Rierholzer, Pastor of Trinity Methodist Church. City Secretary T. Bay Kring called the roll of those in attendance. Motion by Dunne, seconded by Sizemore and passed that the absence of Mayor Pro Tem Jack R. Blackmon be excused for cause. Motion by Jimenez, seconded by McDaniel and passed that the minutes of the regular meeting of December 8, 1965, at 2:00 p.m., be approved as furnished to the Council. Mayor Furman welcomed the Student Council from Robert Driscoll Junior High School, and their sponsor, Mre. Margaret Youngman, and read and presented Certificates of Attendance to Darrell Holland, Vance Ham, Susan Keller, and Kenneth Brand; accepted by Darrell Holland, President of the Student Council. Bids were opened and read for the construction of Sanitary Sewer Lift Station and Force Main for Anchor Harbor and South Bay Additions from the following: F. M. Thornton of San Antonio and Slovak Brothers of Corpus Christi. The foregoing bids were tabled for forty-eight hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. City Manager Whitney advised the Council that Jack Graham, Director of Public Works, had submitted his resignation, effective January 31, 1965, and had accepted a position as Director of Public Works in Fort Worth, Texas. Mr. Whitney commended Mr. Graham for the fine work and service contributed by him, and Mayor Furman expressed the appreciation of the Council for the fine work he had done. Mayor Furman brought up the pending item of the franchise for the Airport Limousine Service. Minutes Regular Council Meeting December 15, 1965 Page 2 Motion by Wallace, seconded by Dunne that the franchise for the Airport Limousine Service be awarded to Corpus Christi Transportation Company. Mr. Jack North, attorney representing Tn1an9 Limousine Service, spoke against the foregoing motion, and stated that it was his understana1ng that the decision would be whether to award the franchise to Inland Limousine Service in accordance with the recommendation from the Airport Advisory Board or whether to receive bids for the franchise. Mr. North further stated that Inland Limousine Service was wiling to negotiate and would meet any offer; that the service has been satisfactory; and that he did not understand the procedure and felt that further negotiations should be made. Commissioner McDaniel pointed out that the foregoing motion was just a motion and may or may not pass. Mr. Howard Suddeth, attorney representing Corpus Christi Transportation Company, spoke in support of the motion, and stated that he felt both sides had been treated fairly and impartially and had presented their proposals at a joint meeting of the Council and Airport Advisory Board; that Corpus Christi. Transporta- tion Company propose to furnish a two-way radio system; the type of limousine that is desired; and would pay what they proposed to pay in their letter. Commissioner Sizemore stated that he was against "second" bidding; that you cannot negotiate something in public and publicize it; and that he would support the recommendation from the Airport Advisory Board. Commissioner Wallace stated that the Council had authorized the Airport Advisory Board to negotiate a new contract for the limousine service; that the rates had been increased and that there was no justification for this increase. He further stated that the vehicles used by Inland Limousine Service had been unsatisfactory; that some of the downtown hotels had complained of the service; and that it would be a mistake to call for bids as both sides had already exposed their proposals. Commissioner Wallace also stated that he was in favor of the two-way radio system, and that in the interest of the public the City would gain more by giving the franchise to Corpus Christi Transportation Company. Minutes Regular Council Meeting December 17, 1965 Page 3 Commissioner Jimenez asked for a roll call vote on the foregoing motion, and City Manager Whitney advised that if the motion carried, an ordinance would have to be brought before the Council. Commissioner McDaniel stated he felt that inasmuch as the Airport Advisory Board was appointed by the Council, the Council should support the recommendation from the Airport Advisory Board to award the franchise to Inland Limousine Service. Mayor Furman called for a roll call vote on the motion that the franchise for the Airport limousine service be awarded to Corpus Christi Transportation Company. Dunne and Wallace voted "Aye," McDaniel and Sizemore voted "Nay," Blackmon was absent, and Jimenez abstained. Commissioner Jimenez stated that he abstained on voting as he could not and would not vote for any contract or proposal unless it was first put out for bide, and that if the bid failed, then the contract should be negotiated. Mayor Furman advised that he wished to make a statement before voting on the foregoing motion. He stated that both operators had received data on which to submit bids, and had submitted equal bids; that the only difference Was that *land Limousine Service was requested to supply Checker type cabs; and that he would have to support the recommendation of the Airport Advisory Board and vote against the foregoing motion, and asked that the Council confer again with the Board. The Chair declared the motion had failed with Dunne and Wallace voting "Aye," Furman, McDaniel and Sizemore voting "Nay," Jimenez abstaining, and Blackmon absent. Motion by Sizemore, seconded by McDaniel and passed that a meeting be held with the Airport Advisory Board as soon as possible. Mayor Furman called for the City Manager's Reports. Motion by Wallace, seconded by Dunne and passed with Jimenez voting "Nay" on "d" that the City Manager's Reports, Items "a" through "i" and "k" through "q" be accepted, with Item "j" being considered separately; Commissioner Wallace stated he had voted for all items but if any interest is evident in the renewing Minutes Regular Council Meeting December 15, 1965 Page 4 of the concession rights in the Coliseum, Exposition Hall and T -Heads on the part of others bidding for the rights, he would be for taking bids, and the recommendations and requests be approved and granted as follows: a. That the contract with Thomas Y. Pickett & Company, Inc., for the appraisal and evaluation of oil and gas properties and pipe lines, be renewed for the year 1966 with a set fee of $5,700.00; b. That authority to advertise for bids for a five-year contract for the Airport Parking Lot be granted; c. That the plans for the remodeling of space for the Mexican Air Lines and the construction of temporary facilities in the Service Building to provide space for Customs, Immigration Service and Department of Agriculture at the International Airport be approved; and that the authority for the expenditure of funds in the amount of $6,500.00, be granted; d. That the recommendation from the Park & Recreation Board that the contracts for the Concessions at Coliseum and Exposition Hall and the T -Heads and L -Reads be renewed for a three-year period, be approved; e. That the acquisitions of Parcels No. 5, 13 and 37, Midtown Traffic Exchange Right of Way, be approved; and that appropriations in the amounts of $452.00 for Parcel No. 13, and $7,296.50 for Parcels No. 5 and 37, be authorized; f. That the authority to initiate eminent domain proceedings for the acquisition of Parcel No. 32, Midtown Traffic Exchange Right of Way, be granted; g. That the architect proceed with revising plans for the Museum Build- ing to be located in the Bay Front Science Park; and that the authority for additional land acquisitions be granted; h. That the authority to advertise for bids for the leasing of the eighty -acre tract of land acquired by the City for the proposed Service Center, for oil and gas development, be approved and that the leasing of several small areas of property owned by the City be rejected; i. That the employment of Hugh M. Patterson of the firm of Baker, Botts, Shepherd & Coats, for legal services for the revision of the Oil and Gas Drilling Ordinance, be approved, with a maximum fee not to exceed $5,000.00 unless amended by the Council; Minutes Regular Council Meeting December 15, 1965 Page 5 j. That the program of advertising for attracting tourists and conven- tions to the City of Corpus Christi be considered separately; k. That the authority to advertise for bids to be received January 19, 1966, for one Class A 750 GPM Triple Combination Pumper, be granted; 1. That the authority to advertise for bids for one Carbon Arc Spotlight for the Coliseum, be granted; m. That the bid award for the purchase of Butterfly Valves for Stevens Filter Plant be made to B.I.F. Industries Texas Filter Company of San Antonio, Texas, on the,.basis of low bid meeting specifications, in the amount of $20,160.00, (Bid Tabulation # 9) n. That the request from a property owner for the abandonment of an ease- ment across Lots 52 through 57, Block 1, Midtown Industrial District, be approved subject to an alternate easement being provided in the replatting of the property; o. That the application of Champlin Pipe Line Company for a franchise to lay, construct, operate, maintain, repair and remove two pipe lines along and across certain streets in the City, be approved on the first reading of the ordinance; and that additional information be available before the third and final reading; P• That the date of December 22, 1965, during the regular Council meet- ing, be set for public hearing on the application of Atlantic Refining Company to drill a well on the T. M. Harrell, et al Lease, Saxet Field. q. That the application of J. L. Harron to drill and operate an oil well in State Tract No. 8, Corpus Christi Bay, and which approval was recommended by the Bay Drilling Committee, be granted. In the discussion of Item "1" relative to the employment of an attorney to revise the Oil and Gas Drilling Ordinance, City Manager Whitney advised that communication had been received from Mayor Pro Tem Blackmon stating that the Bay Drilling Committee met December 14th, probably for the last time this year; that the matter of legal services is rather critical; and that the Committee desires to have a phase of the Legal work completed by the time the Committee meets early in January. Minutes Regular Council Meeting December 15, 1965 Page 6 Commissioner McDaniel stated that he realized the urgency of the matter but that guide lines had not yet been set up. Mrs. Levi Materne spoke in opposition to Item "g" relative to the location of the Museum Building in the Bay Front Science Park, and stated that the location should be in Nature Park, and asked if the land from the Hirsch School had been deeded to the City. Mayor Furman advised that the land was in the process of being deeded to the City; that it had been settled that the Museum would be located in the Bay Front Science Park, and that Mrs. Materne should discuss any findings about the location with the Museum Board. In the discussion of Item "j" relative to the advertising program for attracting tourists and conventions to the City of Corpus Christi, City Manager Whitney advised that a letter had been received from the Corpus Christi Area Con- vention & Tourist Bureau, dated December 9, 1965, submitting a proposed schedule of advertising totaling $19,547.94, and withholding the sum of $1,452.06 for future noncommitted uses, from the $21,000.00 appropriated for advertising. Mr. Whitney further advised that communication had been received from the Corpus Christi Chamber of Commerce requesting that the $936 budgeted item for convention advertising in "Sales Meetings" be changed to "World Convention Dates" since the Driscoll Hotel was already advertising in the former; and that $4,000 be appro- priated for an additional 100,000 brochures. Mr. Firman Jackson, President of the Corpus Christi Area Convention & Tourist Bureau, spoke briefly on the advertising program and stated that the additional 100,000 brochures requested by the Chamber of Commerce would be needed around April 1, 1966. City Manager Whitney stated that it was his understanding that the Corpus Christi Area Convention & Tourist Bureau and the Chamber of Commerce both recom- mended that the budget be approved as submitted with the exception of the one change relating to the "Sales Meetings" magazines being changed to "World Conven- tion Dates." Mr. Whitney pointed out that the additional $4,000.00 requested for Minutes Regular Council Meeting December 15, 1965 Page 7 the brochures was not a budgeted item, and asked Mr. Jackson if the money would be spent on advertising or if part of the money would be used on brochures from the appropriated $21,000.00. Mr. Jackson replied that the advertising program as outlined in the budget should be carried through, and requested that the appropriation of an additional $4,000.00 be given serious consideration. Commissioner Wallace asked Mr. Jackson if it would be necessary to delete part of the advertising program if funds were not available for the brochures, and Mr. Jackson advised there would be no alternative as the brochures were very im- portant. Motion by Wallace, seconded by McDaniel and passed that the budget for advertising, with the one change from "Sales Meetings" magazines to "World Conven- tion Dates" be approved as submitted. ORDINANCE N0. 7825 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THOMAS Y. PICKETT & COMPANY, INC., OF DALLAS, TEXAS, FOR THE PURPOSE OF APPRAISAL AND VALUATION OF OIL AND GAS PROPERTIES AND PIPELINES IN THE CITY OF CORPUS CHRISTI FOR TAX ASSESSMENT PURPOSES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF GENERAL FUND 102 THE SUM OF $5,700 FOR PAYMENT OF THE AFORESAID SERVICES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. ORDINANCE NO. 7826 APPROPRIATING OUT OF N0. 220 STREET BOND FUND THE SUM OF $452 OF WHICH $388 IS FOR PURCHASE OF PARCEL N0. 13 AND $64 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT N0. 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; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. Minutes Regular Council Meeting December 15, 1965 Page 8 ORDINANCE N0. 7827 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $7,296.50 OF WHICH AMOUNT $175 IS FOR PURCHASE OF PARCEL NO. 5 AND $59 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO; AND THE SUM OF $6,950 IS FOR THE PURCHASE OF PARCEL NO. 37 AND $112.50 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 CONTRACTS, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNERS OF THE AFORESAID PARCELS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, ?panne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. ORDINANCE NO. 7828 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; DESCRIB- ING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE MIDTOWN TRAFFIC EXCHANGE FOR PUBLIC STREET PURPOSES AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY 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: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. ORDINANCE NO. 7829 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 BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 12, BLOCK "A", DUNBAR SUBDIVISION, LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF CARVER DRIVE AND DUNBAR STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. ORDINANCE NO. 7830 APPROPRIATING THE SUM OF $11,422.50 OUT OF NO. 220 STREET BOND MIND FOR JUDGMENT AWARD, SPECIAL COMMISSIONERS' FEES, APPRAISAL TESTIMONY, COURT COSTS, TITLE EXPENSES AND EXPERT TESTIMONY IN EVENT OF A JURY TRIAL, ALL IN CONNECTION WITH CAUSE N0. 462, FILED IN THE COUNTY COURT OF NUECES COUNTY, TEXAS, APPLICABLE TO MIDTOWN TRAFFIC EXCHANGE, PROJECT NO. 220-53-18.2; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 15, 1965 Page 9 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. ORDINANCE NO. 7831 DECLARING ABANDONED THE 10 -FOOT UTILITY EASEMENT HERETOFORE EXISTING ACROSS THE REAR OF LOTS 52 THROUGH 57, BLOCK 1, MID -TOWN INDUSTRIAL DISTRICT, AS SHOWN ON THE PLAT RECORDED IN VOLUME 29, PAGE 58, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following votes Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CIA. MEXICANA de AVIACION, S. A., COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. FIRST READING OF AN ORDINANCE GRANTING TO CHAMPLIN PIPE LINE COMPANY A FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE TWO (2) PIPE LINES 4-1/2" IN OUTSIDE DIAMETER FOR THE TRANSPORTATION OF OIL, GAS, OR THE PRODUCTS OF EITHER OR BOTH, UNDER, ALONG AND ACROSS OLD BROWNSVILLE ROAD, WEST POINT ROAD, CLIFF MAUS DRIVE (COUNTY ROAD NO. 35), NAVIGATION BOULEVARD, ROSAR ROAD, VILLA DRIVE, BALDWIN BOULEVARD, OLD ROBSTOWN ROAD, TROPICAL LANE, WEIL PLACE, DUNCAN STREET, PORT AVENUE, BLUNTZER AVENUE, PARR STREET, AHREN STREET, COMMANCHE STREET, LIPAN STREET, LEOPARD STREET, ANTELOPE STREET, BUFFALO STREET, WINNEBAGO STREET, NUECES STREET, DEMPSEY STREET, JOHN STREET, SUMMERS STREET, HATCH STREET, LEARY STREET AND WEST BROADWAY; MAKING SUCH FRANCHISE BINDING ON THE GRANTEE'S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE BY THE GRANTEE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," and Blackmon absent. Mayor Furman declared a brief recess before the scheduled public hearings on zoning cases. Minutes Regular Council. Meeting December 15, 1965 Page 10 Mayor Furman reconvened the meeting and announced the Council would now hold the scheduled public hearings, and explained the procedure to be followed, Mayor Furman announced the public hearing on Application #1165-1, The Benedictine Fathers, for change of zoning from "R-iB" One -family Dwelling District and "R-2" Two-family DWAlting District to "B-1" Neighborhood Business District on the North 30 Feet of Lots 1 and 24 and all of Lots 2, 3, 22 and 23, Block 7, and the North 30 Feet of Lots 1 and 24 and all of Lots 2 and 23, Block 8, Tracy Addition, located on the North Right of Way line of Baldwin Boulevard between and fronting on Elizabeth Street, Cloyde Street and Lynch Street. 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 November 9, 1965, Mr. Joe McManus, representing the applicant, spoke in favor of the proposed change and asked the Commission to amend the request from "B-1" Neighborhood Business District to "AB" Professional. Office District, and presented a petition signed by seventeen adjacent property owners approving the "AB" Profes- sional Office District zoning but opposing the "B-1" Neighborhood Business District zoning. Mr. Wenger further stated that two other persons spoke in favor of the proposed change and no one appeared in opposition; that fifty-seven letters were sent out, three returns were received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be denied but that in lieu thereof "AB" Professional Office District be approved as a buffer zone along Baldwin Boulevard on the basis that the permitted uses are compatible with the adjacent residential uses. Mr. Joe McManus, representing the applicant, spoke in favor of the proposed change and stated that applicant would accept the "AB" Professional Orrice District zoning; that the lots had been vacant for a number of years and were not suitable for residential use; and that he had received inquires from a number of persons interested in locating offices in that area. No one appeared in opposition to this application. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Minutes Regular Council Meeting December 15, 1965 Page 11 Motion by McDaniel, seconded by Sizemore and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for change of zoning from "R-lB" One -family Dwelling District and "R-2" Two-family Dwelling District to "B-1" Neighborhood Business District on the North 30 Feet of Lots 1 and 24 and all of Lots 2, 3, 22 and 23, Block 7, and the North 30 Feet of Lots 1 and 24 and all of Lots 2 and 23, Block 8, Tracy Addition, be denied but that.in lieu thereof "AB" Professional Office District be approved. Mayor Furman announced the public hearing on Application #1065-5, The Welders Equipment Company, for change of zoning from "I-2" Light Industrial District to "1-3" Heavy Tnrustrial District on Lot 3, Block 7, Corpus Christi Industrial District, fronting 125 Feet along the South Right of Way line of Agnes Street (High- way/144), beginning at a point 222.4 Feet West of the Southwest corner of the inter- section of Baldwin Boulevard and Agnes Street and extending 200 Feet in a Southerly direction from Agnes Street 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 and one other person spoke in favor of the proposed change and no one appeared in opposition; that ten letters were sent out, one return was received in favor and two in opposition. Mr. Wenger further stated that the Commission did not take any action at this meeting but deferred action pending a report from the Fire Merahall and the proposed use; and explained that applicant proposed to locate a 2000 -gallon storage tank for the purpose of storing MAPP gas; and that at the Commission meeting held October 26, 1965, the recommenda- tion of the Zoning and Planning Commission was that it be denied but that a Special Permit for the location of a 2000 -gallon maximmn capacity MAPP gas tank be approved in addition to all other uses permitted in the "I-2" Light Industrial District, subject to the following conditions: (1) Compliance with the National Fire Protection Association Pamphlet 566 and Pamphlet 58; (2) Compliance with Docket", Railroad Commission of Texas; (3) That the MAPP gas container be located 25 Feet from any building or property line; (4) That the MAPP gas container be located 90 Feet from the present oxygen storage tank. Minutes Regular Council Meeting December 15, 1965 Page 12 City Manager Whitney advised that one letter had been received in opposition to this application. Mr. David Engel, President of Welders Equipment Company, spoke in support of the application, and stated that MAPP gas was a new gas developed for the use of welding and cutting, and that it was one -hundred percent cafe, and distributed pamphlets to the Council explaining the development and use of MAPP gas. No one appeared in opposition to this application. Motion by Wallace, seconded by Jimenez and passed that the hearing be closed. Motion by McDaniel, seconded by Jimenez and passed that the recommendation of the Zoning & Planning Commission be concurred in, and that the request for change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District on Lot 3, Block 7, Corpus Christi Industrial District be denied but that a Special Permit for the location of a 2000 gallon maximum capacity MAPP gas tank be approved in addition to all other uses permitted in the "I-2" Light Industrial District, subject to the following conditions: (1) Compliance with the National Fire Protection Association Pamphlet 566 and Pamphlet 58; (2) Compliance with Docket #1, Railroad Commission of Texas; (3) That the MAPP gas container be located 25 feet from any building or property line; (4) That the MAPP gas container be located 90 Feet from the present oxygen storage tank. Mayor Furman announced the public hearing on Application #1165-4, Dr. William M. Hart, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a portion of Lot 7, Washburn Meadows, Unit 2, fronting 50 Feet on the Southwest Right of Way line of South Staples Street, beginning at a point 792.71 Feat Southeast of the Southeast corner of the inter- section of Weber Road and South Staples Street and extending 327.5 Feet in a Southwesterly direction from South Staples Street for the approximate 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 November 9, 1965, Mr. Perry Burkett, attorney representing the Minutes Regular Council Meeting December 15, 1965 Page 13 applicant, appeared in support of the applicant and no one appeared in opposi- tion; that eleven letters were sent out, one return was received in favor and none in opposition; and stated that the recommendation of the Zoning & Planning Commission was that it be approved on the basis that it is a logical extension of the existing zoning and provides an excellent buffer to the church for com- mercial uses. Mr. Perry Burkett, attorney representing the applicant,,was present in support of the application, and no one appeared in opposition. Motion by Wallace, seconded by Dunne and passed that the hearing be closed. Motion by Jimenez, seconded by Sizemore and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a portion of Lot 7, Washburn Meadows, Unit 2, be approved. City Manager Whitney presented a petition from Mra. M. H. Hannon and residents for street lighting on Green Bay in Flour Bluff (Petition 4620), and advised Council that he would check into the matter. City Manager Whitney presented a petition from Casa Linda P -TA request- ing a sidewalk on the City Park area for the benefit of school children going to and from Casa Linda Elementary School and Baker Junior High School, (Petition 421). Mayor Furman asked that the petition be referred to the Park Board for their consideration and further recommendation. City Manager Whitney advised that Mr. Ray Hostutler owned property near the intersection of Baldwin and South Staples Streets and that a portion of the property would be within future street developments or improvements, and that Mr. Graham was present to answer any questions relating to this matter. Mr. Ray Hostutler, Jr. stated that about two years ago they were contacted by the City and advised that a portion of the property would be needed in the near future, and asked the Council if there were any immediate plans for the purchase of this property. Mr. Ray Hostutler, Sr., concurred with the foregoing statements but stated the land was not for sale unless the City needed it for right-of-way. Minutes Regular Council Meeting December 15, 1965 Page 14 Mr. Jack Graham explained that the Engineering Department and the Planning Department had made a study of the intersection of Baldwin and South Staples Streets and had brought the matter to the attention of the previous Council. Mr. Graham stated they were asked to prepare various Studies as to what could be done, and this was presented at a Workshop session in July, 1963. Mr. Graham further stated that about the same time Del Mar College began their studies on a master plan for expansion, and the studies were coordinated; but that in the earlier discussions and plans that Mr. Rostutler mentioned, it was prior to the coordinated plan with Del Mar College, and that now the entire property would be required. Mr. Graham advised that his recommendation would be to authorize an appraisal of the property and then proceed with negotiations, and confer with Del Mar College regarding their attitude in the matter. Mt. Rostutler, Jr., stated that Del Mar College did not need their prop- erty at the present time and asked that the City determine the portion that would be required so that improvements could be made on the balance of the property. Mr. Graham advised that some points of law ware involved as to whether the entire property should be condemned; that a study would take several weeks to complete; and recommended that the City did not proceed independently in acquiring this property. Mayor Furman recommended that City Manager Whitney contact Del Mar College for further consideration and study. Commissioner McDaniel asked City Manager Whitney about the condition of the T -Head structure, and Mr. Whitney advised that he would have a report on it for Workshop Monday, December 20th. Mayor Furman announced that Council Workshop would be at 7:00 p.m. Monday, December 20th, and the following week would be held on Tuesday, December 28th, at 4:30 p.m. Commissioner Wallace asked the members of the Council to support Mayor Furman's statements relative to the location of the Museum Building, and this was unanimously agreed to end confirmed. There being no further business to come before the Council, the meeting was adjourned.