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HomeMy WebLinkAboutMinutes City Council - 12/22/1965MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 22, 1965 2:00 p.m. PRESEIPT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney Asst. City Attorney Robert Young City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The invocation was given by Mayor Pro Tem Jack R. Blackmon in the absence of the invited guest chaplain. City Secretary T. Ray Kring Polled the roll of those in attendance. Motion by McDaniel, seconded by Sizemore and passed that the minutes of the regular meeting of December 15, 1965, at 2:00 p.m., be approved as furnished to the Council. Mayor Furman announced the opening of bids on the rehabilitation of the Women of the Confederacy Memorial Fountain, and City Manager Whitney advised that no bids were received for the project. Bids were opened and read for the purchase of playground equipment for the Park Department from the following: Paul E. Allen Company of Houston, Texas; Game -Time, Inc. of Litchfield, Michigan; 0. H. Hoffineyer of Waco, Texas; The Mexico Forge, Inc., of Reedsville, Pennsylvania; The Miracle Equipment Company of Grinnell, Iowa; Lone Star Seating Company of nallas, Texas; Masterson Distributing Company of San Antonio, Texas; and Creative Playthings of Princeton, New Jersey. 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. Mayor Furman announced the public hearing on the application of Atlantic Refining Company to drill a well on T. M. Harrell, et al Lease, Saxet Field. City Manager Whitney presented the application of Atlantic Refining Company to drill T. M. Harrell, et al No. A-3 Well in Saxet Field. Mr. Whitney pointed out the location of the well as being South of Highway 49 between Eunter Road and Main Drive; that the application was to actusily deepen the well from 4538 Feet to 5450 Feet; that the present casing in the well is 962 Peet of 10-3/4" Minutes Regular Council Meeting December 22, 1965 Page 2 and 4538 Feet of 7" production casing; and that applicant proposes a 5" liner to production if production is obtained. Mr. Whitney stated that applicant had submitted a copy of Railroad Commission Permit; Certificate of Insurance; that the location had been verified and that there are some houses within approadimately 330 Feet of the well site fronting on Main Drive; and that the application appeared to be in order. Mr. Marvin Hall, Engineer in charge of supervisory operations in Saxet Field, and David. Aston, Landsman, representing Atlantic Refining Company, were present in support of the application. No one appeared in opposition. Motion by Jimenez, seconded by Mrnwniel and passed that the hearing be closed. Motion by Sizemore, seconded by Jimenez and passed that Atlantic Refining Company be granted a permit to drill the T. M. Harrell, Et Al No. A-3 Well in Sextet Field, as applied for. Mayor Furman announced the public hearing on the closing of certain streets in Loma Rosa Addition. City Manager Whitney presented the application from South Texas Cotton Oil Division to close certain streets in Loma Rosa Addition, and pointed out on a map the location of the streets. Mr. Whitney explained that the streets had been dedicated by plat but were never opened; that the streets were enclosed by fence; and that the application was to close only a portion of streets extending beyond en existing subdivision. Mr. Whitney further explained that all interested parties were notified of the public hearing on the request for closing these streets; that there were no utilities in the streets, and that there were no objections from any of the City's departments. Mr. Whitney presented a letter from Cecil Burney and Julius Rosenberg, representing adjoining land owners in the area, in which they stated they proposed no objection. Mr. Whitney also stated that it was his under- standing that plana were being made to replat this property. Mr. Eldon Dyer, attorney representing the applicant, spoke in support of the application; stated that this situation had existed for the past twenty-. five years; that there was a fence around all of that particular property; that a Minutes Regular Council Meeting December 22, 1965 Page 3 number of the lots had been acquired by South Texas Cotton Oil Division; and that a street along the northern edge was opened and the property was given by South Texas Cotton Oil Division for that purpose. Mayor Fbrman asked the purpose of closing the streets, and Mr. Dyer replied that it was to segregate the property of the oil mill from the adjacent areas. m.0 �i�.� Mayor Pro Tem Blackmon asked if a new building would be erected on this property, and Mr. Beckham, General Manager of South Texas Oil Company, stated that they filed a temporary plat with the Planning Department three years ago when a building was erected; that it would be an advantage to the City as well as to the applicant, to close these streets, and that applicant was willing to dedicate the portion of the property that was opened to the City. Mr. Beckham pointed out that the names of two of the streets had been changed, and that Gonzalez Street was now ol'ed Rosa Street, and Felipe Street was now San Diego Street; that there were no homes on those streets, and that applicant was requesting the closing of streets in which South Texas Cotton Oil Division owned property on both sides of the streets. Mr. Gil Garza, attorney representing Mrs. Vasquez, a nearby property owner, inquired about a portion of Industrial Road, and stated he had no objection. Mr. Lester Lindley, property owner on Felipe Street, spoke in opposition to the request, and stated that there was no drainage in the area; that the streets should be opened and not closed; and that he had submitted a petition with 488 signatures requesting a street opening in that area for the use of Miller High School students. Motion by McDaniel, seconded by Sizemore and passed that the hearing be closed. Motion by Blackmon, seconded by Dunne and passed that the request for closing of certain streets in the Loma Rosa Addition be tabled for further study and consideration. Mayor Furman brought up the pending item of the franchise for the Air- port Limousine Service. Motion by McDaniel, seconded by Sizemore that the franchise be awarded to Inland Limousine Service with the present passenger rate of $1.65. Minutes Regular Council Meeting December 22, 1965 Page 4 City Manager Whitney pointed out that the present rate of $1.65 was established by ordinance and would remain that rate unless emended by Council. Commissioner Jimenez stated that he was absent when the Council charged the Airport Advisory Boar to negotiate; that he felt very strongly that all City contracts and franchises should be put out on a contract basis first, and then negotiations could be made by the Council if the bids were unsatisfactory. Commissioner Wallace suggested that the foregoing motion should be voted dawn and that Council abide by the votes taken in the past and award the franchise by "casting lots." Howard Suddeth, attorney representing Corpus Christi Transportation Company, asked Mayor Furman if discussion from the audience would be allowed, and Council advised that discussions from the audience would be allowed before a decision was made. Mr. Suddeth spoke against the foregoing motion and stated that he did not understand the franchise being given to Inland Limousine Service when that company was offering only 10% of the gross receipts to the City and would use Buick auto- mobiles, and his company was offering lli% of the gross receipts, would furnish limousine type automobiles and two vay radio service, and abide by the old established rate. In answer to a question from Commissioner McDaniel, Mr. Suddeth stated that his original bid was for 10% of the gross receipts, and that the lIwas submitted after the Airport Advisory Board stated they would accept passenger type vehicles. Commissioner McDaniel advised Mr. Suddeth that Inland Limousine Service had also offered 11; that the matter had been pending for quite some time; and that a decision would have to be made. Mayor Furman stated that Council was interested in having a fair rate for passenger fare and that both companies had agreed to abide by the old rate; and asked Mr. Suddeth if he did not feel that Council had an obligation to the Advisory Board. Mr. Suddeth replied that the Advisory Board was to advise as far as obtaining data, information, etc., but that the final decision should be made by the Council. Minutes Regular Council Meeting December 22, 1965 Page 5 Mayor Furman stated that the Council did have the responsibility of maki„g decisions; that decisions were made after deep thought and discussions; and that it was a fine Board, diligent and dedicated to their work. Commissioner Wallace stated that Council had voted in recent weeks to award the franchise on the basis of using Checker vehicles because they felt they were best, and asked if they would be countermanding the vote already taken if the foregoing motion passed, and suggested that the franchise be awarded by "flipping a coin." Mayor Furman called for a vote on the motion that the franchise be awarded to Inland Limousine Service with the present passenger rate of $1.65, and declared the motion had passed with Jimenez, McDaniel and Sizemore voting "Aye", Blackmon abstaining, and Dunne and Wallace voting "Nay." Mayor Furman called for the City Manager's Reports. Motion by Sizemore, seconded. by Dunne and passed that the City Manager's Reports, Items "a" through "k" be accepted, and the recommendations and requests be approved and granted as follows: a. That the acquisition of Parcel No. 9, Midtown Traffic Exchange Right of Way, be approved, and that appropriation in the amount of $20,184.00 be authorized; b. That the authority to initiate eminent domain proceedings for the acquisition of Parcel 08, Midtown Traffic Exchange Right of Way, be approved; e. That the acceptance and final payment of Estimate No. 6, in the amount of $26,185.79, to T. H. Lee, for the construction of Interceptor Sewer Line 25A, be approved; d. That the acceptance and final payment of Estimate No. 4 in the amount of $14,068.40 and Estimate No. 5 in the amount of $700.00, making a total payment of 214,768.40, to Pascal P. Paddock, Inc., for the construction of Meadow Park Swimming Pool, be approved; e. That the request from Corpus Christi Junior College District for abandonment of an easement, Biock 21, Southmoreland Addition, be approved; Minutes Regular Council Meeting December 22, 1965 Page 6 f. That the request from the Health Department to increase the staff of the Vector Control Section (Rat Control) by One Sanitarian and Two Semiskilled Laborers, 'with an expenditure of approximately *9,000.00 for the balance of the fiscal year, be approved; g. That the authority to advertise for bids to be received January 12, 1965, for one Transit Type Bus Chassis and one Bookmobile Body for the Library, be granted; h. That the bid award for the purchase of Copper Tubing be made to Ajax Supply Company of Corpus Christi, Texas, on the basis of low bid meeting specifications and a firm price; in the amount of $30,534.84 (Bid Tabulation #50); i. That the bid award for the purchase of Fire Hose be made to the following firms on the basis of low bid meeting specifications and passing testae Item #1, 8000 Feet of 2y" staple cotton, double jacket, or equal, rubber lined fire hose, be made to Norwell Wilder Supply Company of Corpus Christi, Texas, in the amount of $8,702.40 (Bid Tabulation #51); Item #2, 3000 Feet of 1" staple cotton, double jacket, or equal, rubber lined fire hose, be made to Blaze Guard Manufacturing Company of N. Bergen, New Jersey, in the amount of $1,969.80 (Bid Tabulation #52); Item #3, 1000 Feet of 3" staple cotton, double jacket, or equal, rubber lined fire hose, be made to Blaze Guard Manufacturing Company of 1P. Bergen, New Jersey, in the amount of $1,597.40 (Bid Tabulation #53); for a grand total of $1P,269.60; j. That the date of January 12, 1965, during the regular Council meeting, be set for public hearing on three zoning cases; k. That the date of December 29, 1965, during the regular Council meeting, be set for public hearing on an application of Delbert Oil & Gas Company to drill a well in the H. B. Sheppard Farm Lots, Saxet Field. Minutes Regular Council Meeting December 22, 1965 Page 7 SECOND 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 secondtime and passed to its third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." FIRST READING OF AN ORDINANCE (AMENDED) 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, LEXINGTON BOULEVARD, CLIFF MAUS DRIVE (COUNTY ROAD NO. 35) NAVIGATION BOULEVARD, KOSAR ROAD, STATE HIGHWAY NO. 44, VILLA DRIVE, BLADWIN BOULEVARD, OLD R0BST0WN ROAD, TROPICAL LANE, WEIL PLACE, FLORES STREET, PORT AVENUE, BLUNTZER AVENUE, COMMANCHE STREET, LIPAN STREET, LEOPARD STREET, ANTELOPE STREET, INTERSTATE HIGHWAY NO. 37, BUFFALO STREET, WINNEBAGO STREET, NUECES STREET, LEARN 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 (as amended) and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7832 APPROPRIATING OUT OF 220 STREET BOND FUND THE SUM OF $20,184 OF WHICH AMOUNT $20,000 IS FOR ACQUISITION OF PARCEL NO. 9 AND $184 IS FOR TITLE EXPENSE AND RE- LATED 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; 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, present and voting "Aye." ORDINANCE NO. 7833 RECEIVING AND ACCEPTING THE CONSTRUCTION OF INTERCEPTOR SEWER LINE NO. 25A, PROJECT NO. 250-64-36.4, AS PERFORMED BY THE CONTRACTOR, T. H. LEE, UNDER HIS CONTRACT DATED APRIL 28, 1965, AUTHORIZED BY ORDINANCE NO. 7557; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 6, PREPARED BY REAGAN AND McCAUGHAN, DATED DECEMBER 10, 1965, IN THE AMOUNT OF $26,185.79, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 250 SEWER BOND FUNDS PREVIOUSLY APPRO- PRIATED FOR CONSTRUCTION AND CONTINGENCIES; 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, present and voting "Aye." I Minutes Regular Council Meeting December 22, 1965 Page 8 ORDINANCE NO. 7834 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE MEADOW PARK SWIMMING POOL, PRO- JECT NO, 291-64-2,1, AS PERFORMED BY THE CONTRACTOR, PASCAL P. PADDOCK, UNDER HIS CONTRACT AWARDED BY MOTION JULY 288 1965, AND AUTHORIZED,"" ORDINANCE NO, 76688 DATED AUGUST 48 1965, AUTHORIZING PAYMENT OF ESTIMATE NO. 4, DATED DECEMBER 11, 1965, IN THE AMOUNT OF $14,068.40, AND FINAL ESTIMATE NO. 5, DATED DECEMBER 17, 1965, IN THE AMOUNT OF $700,00, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MAKING A TOTAL PAYMENT OF $14,768.40, REPRESENTING THE BALANCE DUE THE CONTRACTOR FOR COMPLETION OF THIS PROJECT, SAID PAYMENT TO BE MADE FROM NO, 291 PARR BOND FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY, The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blaclunon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," ORDINANCE NO. 7835 AMENDING THE ZONING 0:JINANCE OF THE CITY OF CORPUS C:La:ISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE 0 IN- ANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE *LO.6106,AS AMENDED. BY AMENDING THE •LUNING MAP BY CHANGING THE ZONING OF THE NORTH 30 FEET OF LOTS 1 ANDS 44 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, IN THE CITY OF CORPUS C..L;;ISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB" PRO- FESSIONAL OFFICE.DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING 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, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye," ORDINANCE NO, 7836 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 3, BLOCK 2, DAHLIA_ TERRACE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEP- ING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING 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, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." I Minutes Regular Council Meeting December 22, 1965 Page 9 ORDINANCE N0. 7837 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPT':' ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 98 PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 1, BANK PARK PLAZA, LOCATED AT THE INTERSECTIONS OF EVERHART ROAD AND SOUTH STAPLES STREET WITH PARK - DALE DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "8-4" GENERAL BUSINESS DISTRICT TO "8-5" PRIMARY BUSINESS DISTRICT; KEEPING IN EFFECT ALL PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; 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, present and voting "Aye." ORDINANCE N0. 7838 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS M?eISTI ADOPTED ON TFT 27TH DAY OF AUGUST, 1937, APPEARING OF RECO ,,:'u IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MRS. JOAN ROGERS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF A PORTION OF LOT 13, FALLIN'S RIVERSIDE SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY HEREINAFTER SET OUT, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEP- ING 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, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7839 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 N0. 6106, AS AMENDED, UPON APPLICATION OF DR. WILLIAM M. HART, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF A PORTION OF LOT 7, WASHBURN MEADOWS, UNIT 2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY HEREINAFTw SET OUT, FROM 'RR -18" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN • EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLI6:T HEREWITH; 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, present and voting "Aye." ORDINANCE N0. 7840 AMENDING THE ZONING ORDINANCE OF THE CITY OP 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 PROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY GRANTING A SPECIAL COUNCIL PERMIT ON LOTS 6, 7, 8 AND 9, BRATTON PLACE, AN'ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE PLASTIC MOLDING OF COUNTER, CABINET AND TABLE TOPS AND WALL PANELS S'I'c;.ECT TO THE CONDITIONS FEREI AFTER SET OUT; KEEPING Minutes Regular Council Meeting December. 22, 1965 Page 10 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, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present'and voting "Aye." ORDINANCE NO. 7841 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 THE NORTHEASTERLY 30 FEET OF THE EAST ONE-HALF OF LOT 2, ALSO KNOWN AS A PORTION OF LOT 1-A, BLOCK 4, MOLINA SUBDIVISION NO. 1, ALL AS MORE FULLY HEREINAFTER SET OUT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7842 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, UPON APPLICATION OF T.D. BOWEN, BY GRANTING A SPECIAL PERMIT ON LOT 3, JERRY PLACE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A COIN-OPERATED CAR WASH SUBJECT TO CERTAIN CONDITIONS AS HEREINAFTER MORE FULLY SET OUT; 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 if by the following vote: Furman, Blackmon, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye"; Dunne present and voting "Nay." ORDINANCE NO. 7843 ABANDONING A PORTION OF GLENOAK DRIVE AND IN CONSIDERATION THEREFOR, ESTABLISHING AND DEDICATING A NEW ROAD RIGHT-OF-WAY, AS SHOWN ON THE MAP ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO ACCEPT AN INSTRUMENT OF CON- VEYANCE ON BEHALF OF THE CITY OF CORPUS CHRISTI OF THE NEW ROAD RIGHT-OF-WAY FOR GLENOAK DRIVE, AS SHOWN ON SAID ATTACHED MAP; 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, present and voting "Aye." Minutes Regular Council Meeting DecembP+- 12, 1965 Page 11 ORDINANCE N0. 7844 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 5658 ET SEQ OF TEE_ ORDINANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF MR. AND MRS. M. B. ESSERY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 1-N, 2-N AND 7 1/3 AND THE SOUTHEASTERLY 171 FEET, PLUS OR MINUS, OF LOTS 1/2 AND 1, AVA COOPER SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY HEREINAFTER SET OUT, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7845 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; DESCRIBING 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, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7846 DECLARING ABANDONED THE 5 -FOOT UTILITY EASEMENT HERETOFORE EXISTING IN BLOCK 21, SOUTHMORELAND, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT THEREOF RECORDED 1N 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 vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." Mayor Furman declared a brief recess before the scheduled public hearings on zoning cases. 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 #1165-5, Tom Swantner, Trustee, for change of zoning from 'R -1B" One -family Dwelling District to "I-2" Light Industrial District on a tract of land out of the fractional Section Minutes Regular Council Meeting December 22, 1965 Page 12 4, Range IX, H. L. Kinney Sectionized Lands (also known as the Thomas Tract), fronting 1012 Feet, plus or minus, along the Northerly Right of Way line of Lexington Boulevard and extending 300 Feet, plus or minus, in a Northerly direc- tion from Lexington Boulevard for the depth. William Hovey, Zoning and Planning Administrative Assistant, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held November 23, 1965, Mr. Jim Young, co-owner of the property, spoke in favor of the proposed change and stated that an industrial subdivision was planned on a portion of the property; and that no one appeared in opposition to the request. Mr. Hovey further explained that six letters were sent out, one return was received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be approved. Mr. Jim Young, representing the applicant, spoke in support of the re- quested change and stated that an industrial subdivision was planned on a portion of the property; and that Mr. Inman, co-owner of the property, was in requested change. No one appeared in opposition to this application. Motion by Sizemore, seconded by McDaniel and passed that closed. favor of the the hearing be Motion by Jimenez, seconded by Blackmon and passed that the recommendation of the Zoning and Planning commission be concurred in, and that the change of zoning from "R -1B" One -family Dwelling District to "I-2" Industrial District on a tract of land out of the fractional Section 4, Range IX, H. L. Kinney Sectionized Lands, be approved, and that an ordinance be brought forward effectuating this change. Mayor Furman announced the public hearing on Application #1165-7, Sid J. Morrison, for change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on Lot 14, Block 47, Bluff Addition, fronting 50 Feet along the East Right of Way line of Waco Street, beginning at a point 250 Feet South of the Southeast corner of the intersection of Waco Street and Commanche Street and extending 150 Feet in an Easterly direction from Waco Street for the depth. William Hovey, Zoning and Planning Administrative Assistant, located the Minutee Regular Council Meeting December 22, 1965 Page 13 property on the map; pointed out the zoning and land use of the area; explained that at theCommiasion hearing held November 23, 1965, the applicant appeared in support of the application and no one appeared in opposition; that fifteen letters were sent out, two returns were received in favor and one in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be approved. Mr. Hovey further stated that applicant proposed to renovate a concrete block building on the front portion of the property and use it for the operation of an oil field instrument repair and machine shop. No one appeared in connection with this application. Motion by Jimenez, seconded by Wallace and passed that the hearing be closed. Motion by Wallace, seconded by Blackmon and passed that the recommenda- tion of the Zoning and Planning Commission be concurred in, and that the change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on Lot 14, Block 47, Bluff Addition, be approved and that an ordinance be brought forward effecuating this change. Mayor Furman announced the public hearing on Application #1165-8, The Fred Quaile Realty Company, for change of zoning on: TRACT "A": From "R -1B" One -family Dwelling District to 'B-4" General Business District, on a portion of Lots 27 and 28, Section 2, Flour Bluff and Encinal Farm and Garden Tracts, fronting approximately 609.98 Feet along the Southwesterly Right of Way line of South Staples Street and extending to a depth of 400 Feet; TRACT 'B": From "R-18" One -family Dwelling District to "AB" Profes- sional Office District, on a portion of Lots 27 and 28, Section 2, Flour Bluff and Sncinal Farm and Garden Tracts, fronting approximately 526.47 Feet along the Northerly Right of Way line of McArdle Road and extending to an approximate depth of 700 Feet. William Hovey, Zoning and Planning Administrative Assistant, located the property on the map; pointed out the zoning and land use of the area; ex- plained that at the Commission hearing held November 23, 1965, two persons appear- ed in favor of the proposed change and two persons appeared in oppoeition; that Minutes RegularCouncil Meeting December 22, 1965 Page 14 thirty-eight letters were sent out, one return was received in favor before the Commission hearing and one return was received in favor after the Commission hearing; three returns were received in opposition; and stated that the recommen- dation of the Zoning and Planning Commission was that "11-4" General Business District on Tract "A" be denied, but in lieu thereof that "AB" Professional Office District be approved, and that "AB" Professional Office District be approved on Tract "B". Commissioner Sizemore inquired about the parking on the proposed extension of South Staples Street from the present location to Lexington Boulevard, and City Manager Whitney advised that he should have a report within the next thirty days regarding this matter. Mr. Fred Quaile, Realtor, advised that he did not make the request for change of zoning; that it was put in the name of Wallace Lundgren; that the pro- posed use of the tract of land was the beat possible use; and that the land was too valuable for residential use. Mr. Wallace Lundgren spoke in support of the application and stated that the closing date on his contract is December 29th; that the original plan sub- mitted at the Commission hearing was rather vague and incomplete, but since that time development plana have been completed. He further stated that there were no homes on the front portion of the property on South Staples Street; that the area has the natural buffer zones of the park; that the land was vacant now but he planned expensive improvements with landscaping, and that the area would in- crease in land values. Mr. Lundgren explained that on the rear portion of Tract "B" he planned semi -apartment buildings or Town House structures; that there was a great need for this type of apartments; that Luby's Cafeteria and a furniture store were interested in locating in the development, and that Mr. Bruce Collins, of Corpus Christi Theatres, was present in the audience and wished to speak on the proposed development and future plans for a new theater in the area. Mr. Bruce Collins spoke on his future plans for a new theater in the development and stated that he planned a double theater with a lobby between the two theaters; that there were only three types of this theater in the State of Texas; and that the area would be well landscaped and would benefit the public. Minutes Regular Council Meeting December 22, 1965 Page 15 M. Collins further stated that he had been unable to locate a tract of land on the South side large enough to accommodate the theater; that it required five acres to provide for the desired parking area; that the theater was permitted with "B-4" zoning only. Mr. Collins presented a model of the proposed theater and advised that he was ready to start construction immediately. Mr. W. E. Crews, owner of property on the corner of South Staples Street and Monette, spoke in opposition to the requested change of zoning and stated it would be a detriment to the land values in that area. Mr. Willard Hammonds, near -by property owner, spoke in opposition to the requested change of zoning and stated that he was opposed to a service station being located there; that he did not oppose the apartment zoning and felt that would be a fine project; but that if the development plans were changed any he would be against the proposed request. Mr. Wallace Lundgren and Mr. Bruce Collins both stated there were no plans for the location of a filling station in the proposed development and agreed to having the use of a filling station excluded from the requested change of zoning. Motion by Dunne, seconded by Sizemore and passed that the hearing be closed. Commissioner Wallace stated that he felt the requested change of zoning was the beet use for this tract of land and that the zoning should be granted as applied for with the stipulation that service stations will not be allowed on this tract. Commissioner McDaniel stated that he had supported the recommendation of the Airport Advisory Board, and he felt the requested change of zoning should be returned to the Zoning and Planning Commission for further study and recom- mendation. Motion by Wallace, seconded by Dunne and passed, with McDaniel voting "Nay," that the change of zoning from "R -1B" One -family Dwelling District to "8-4" General Business District, Tract "A" and that the change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, Tract "B," be approved on a portion of Lots 27 and 28, Section 2, Flour Bluff and Minutes Regular Council Meeting DecamHIr 22, 1965 Page 16 Encinal Farm and Garden Tracts, subject to a deed restrictive covenant pro- hibiting the use of any portion of the property being used for the location of a service station; and that the caption on the ordinance be brought forward at this time, ORDINANCE NO. 7847 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 N0. 6106, AS AMENDED, UPON APPLICATION OF THE FRED QUAILS REALTY COMPANY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF A PORTION OF LOTS 27 AND 28, SECTION 2, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, MORN FULLY DESCRIBED HEREINAFTER AS TRACTS "A" AND 'B", FROM 'R -1B" ONE FAMILY DWELLING DISTRICT TO 'B-4" GENERAL BUSINESS DISTRICT ON TRAOT "A", AND FROM "R-18" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT "B", SUBJECT TO THE CONDITION THAT THE OWNER EXECUTE AND FILE A DEED RESTRICTIVE COVENANT RUNNING WITH THE LAND PROHIBITING THE USE OF ANY PORTION OF THE PROPERTY BEING REZONED HEREIN AS A SERVICE STATION SITE; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDIN- ANCES]N CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following votes Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye" for suspension of Charter Rule; and McDaniel present and voting "Nay" on passage. Dr. Henry Hildebrand, of the University of Corpus Christi, asked to see the comprehensive plan for the Bayfront Science Center, and Mayor Furman advised that one should be available within the next two weeks. There being no further business to come before the Council, the meeting was adjourned.