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HomeMy WebLinkAboutMinutes City Council - 02/09/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 9, 1966 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissionera: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney Asst. City Attorney Tom McDowell 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 called the roll of those in attendance. Motion by Blackmon, seconded by Dunne and passed that the minutes of the regular meeting of February 2, 1966, at 2:00 p.m., be approved as furnished to the Council. Mayor Furman welcomed the Student Council from Wynn Seale Junior High School, and their sponsor, Mrs. May Lee, and read and presented Certificates of Attendance to Frank Rumada, Oscar Rodriguez, Odelia Leal, and Abe Saavedra; accepted by Frank Humada, President of the Student Council. Commissioner P. Jimenez, Jr. read and presented a proclamation proclaiming the week of February 13 through February 19, 1966, as LULAC WEEK; accepted by Mr. Victor Guajardo. Mayor Furman read and presented proclamations relative to the following: LEAGUE OF WOMEN VOTERS FINANCE WEEK in Corpus Christi, February 9 through February 16, 1966, accepted by Mrs. Dale Owens, President of the League of Women Voters; and ART FORTNIGHT WEEK in Corpus Christi, February 13 through February 25, 1966, accepted by Mrs. Charles Thomasson. Mayor Furman announced appointments to Boards and Committees, and nominated Hayden Head for appointment to the Airport Board. Mr. Head's appointment to the Airport Board was unanimously approved and confirmed by the Council, and Mr. Head was present to accept his Certificate of Appointment. Mayor Furman announced the opening of bids. Bids were opened and read on Rehabilitation of Daughters of the Confeder- acy Memorial Fountain from the following: Ring Construction Company, Minutes Regular Council Meeting February 9, 1966 Page 2 Stanley -Orion, Inc., and Riesel Construction Company. 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. Bids were opened and read for the purchase of automotive equipment from the following: Lewis Boggus Motors, Inc., Dodge Creveling Motor Company, Ed Hoffman Motors, Bill Moyer Rambler -Jeep Company. Wight's GMC Trucks, Lew Williams Chevrolet Company, Inc., and International Harvester Company. 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 that the Council would deviate from the Agenda temporarily for the purpose of hearing two applications for permit to drill wells in Corpus Christi Bay (Items "f" and "g" in City Manager's Reports), and advised that Mr. Edward H. Harte, Chairman of the Bay Drilling Committee, was present to present recommendations from the Committee. City Manager Whitney presented the application of Cities Service Oil Company to drill Well #2, in State Tract 52, Corpus Christi Bay; and pointed out on a map the surface location of the proposed well as being 960 feet from the Northwest line and 660 feet from the Southwest line of State Tract 49, and the bottom hole location at a point 660 feet from the Northeast line and 1320 feet from the Northwest line of State Tract 52. Mr. Whitney stated that applicant proposes to drill a directional hole to a total vertical depth of 9400 feet, with a casing program of 16" conductor to be driven to 120 feet and 10-3/6 " casing to be cemented at 1500 feet; that applicant had submitted copies of Rail- road Commission Form 1 (Application to Drill), Certificate of Insurance, U.S. Corps of Engineers' location plat for blanket permit, photocopy of State Leases, and that the application appeared to conform with the provisions of the drilling ordinance. Mr. Whitney further stated that this application, and the following application of Gulf Oil Corporation, had been referred to the Bay Drilling Committee for their recommendation. Mr. Edward H. Harte, Chairman of the Bay Drilling Committee, advised that the Committee recommended approval of the Cities Service Oil Company with Minutes Regular Council Meeting February 9, 1966 Page 3 one small change which was agreeable to the Operator, and recommended that the distance of the nearest well be 250 feet instead of 300 feet. Mr. Harte explained that 250 feet is the distance the Committee has tried to establish in earlier recom- mendations and that it was for the purpose of clustering wells and keeping them uniformed. Motion by Blackmon, seconded by Jimenez and passed that Cities Service Oil Company be granted a permit to drill Well #2, State Tract 52, Corpus Christi Bay, with the amended distance of 250 feet as recommended by the Bay Drilling Committee. City Manager Whitney presented the application of Gulf Oil Corporation for a permit to drill Well #2, Texas State Lease 33105 (Tract No. 53), Corpus Christi Bay. Mr. Whitney stated that applicant had submitted a plat showing the proposed location of the well as being 660 feet from the Southeast line and 660 feet from the Northeast line of State Tract No. 53; that applicant proposes to drill a straight hole to a total depth of 13,000 feet; and that applicant had submitted copies of Certificate of Insurance, Railroad Commission Form 1 (Application to Drill), and copy of State Lease. Mr. Whitney further stated that applicant did not submit a sketch or diagram showing the proposed structure applicant will erect in the Bay, but that other than that, the application appeared to conform with the pro- visions of the drilling ordinance. Mr. Edward H. Harte, Chairman of the Bay Drilling Committee, advised that Operator had agreed to deviate hole from the surface location; that the surface location not be more than 250 feet from Cities Service Well #1, Tract 49; and with that amendment, the Bay Drilling Committee recommended approval of the appli- cation of Gulf Oil Corporation. Motion by Sizemore, seconded by Jimenez and passed that Gulf Oil Corpora- tion be granted a permit to drill Well #2, State Tract No. 53, Corpus Christi Bay, with the amended distance as recommended by the Bay Drilling Committee. Mayor Furman announced the opening of bids would be resumed. Bide were opened and read for the purchase of Special Bodies from the following: Commercial Body Corporation, Davis Truck Parts, Freuhauf Trailer Com- pany, Girard Machinery, Pak -Mor Manufacturing Company, Utility Equipment Company, Minutes Regular Council Meeting February 9, 1966 Page 4 Truckers Equipment Company, and Hobbs Trailers. 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. Bids were opened and read for re -roofing the arched roof section of Central Fire Station, 209 South Carancahua, from the following: C.C. Roofing & Supply Com- pany, Gill Roofing & Sheet Metal Company, Grice Roofing Company, M. V. Jones Roofing Company, Sechrist-Hall, Tony's Roofing Company, and Baker Roofing & Sheet Metal Company. 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 called for the City Manager's Reports. Motion by Blackmon, seconded by Dunne and passed that the City Manager's Reports, Items "a", "b", "d" and "e" be accepted; that Item "c", which was voted on separately and tabled, as reflected later in these minutes, be excluded, (Items ''f" and "g" were voted on earlier as reflected in these minutes); and that the recom- mendations and requests be approved and granted as follows: a. That the bid award on the Airport Parking Leaf.,: Franchise be made to Airport Parking Company of America on the basis of high bid meeting specifications, for a period of five yearn, with a guaranteed rental of $110,000 (Bid Tabulation #66-5) b. That the Tax Error and Correction List for the months of August and September, 1966, be approved; c. That the following actions to provide Sanitary Sewer Service to a portion of the Flour Bluff Area be tabled: (1) (2) (3) (4) (5) (6) (7) Approval of the preliminary plane; Adoption of a general policy relating to developer participation in this area; Acceptance of Mr. Jon Held's offer; The re -allocation of Sanitary Sew,:x Funds; Authorization to apply for a Federal Grant; Employment of a consulting engineer; Approval of purchase of site for treatment plant. Mrs. Allen W. Green, 418 Oakdale Drive in the Flour Bluff Area, appeared before the Council, and read a communication, with fourteen signatures, protesting the building and financing with City and Federal Funds, a sewage disposal plant for Developer Jon Held, until such time that the whole Flour Bluff area could receive Minutes Regular Council Meeting February 9, 1966 Page 5 sewage benefits. Mr. Harry Grim, 1847 Waldron Road in the Flour Bluff Area, presented letters protesting the location of a sewage disposal plant on Laguna Shore and requesting sewer service for the entire Flour Bluff Area, from the following: Mr. and Mrs. Jack Blackwell; Mr. and Mrs. Jack E. Fields, 121 Glenoak Drive; Mr. and Mrs. H. L. Tacker, 2806 Laguna Shore Road; and Mr. and Mrs. W. T. Keilon, 2737 Laguna Shore Drive. (Petition #66- 3) Mr. Harry Grim stated that the Flour Bluff Area was all sand; that if the septic tanks were put in properly and cleaned regularly there would be no trouble with the septic tanks; that over three-fourths of the residents would not be served by the proposed sewage disposal plant; and asked the Council to consider the pro- tests. Mrs. W. T. Neilon and Mrs. Allen W. Green concurred with the foregoing statements. City Manager Whitney pointed out on a map the areas involved; and stated that the Health Department had inspected the area; that it was a major health problem; that one area was so saturated the septic tanks would not work; that City forces were having to pump the effluent into trucks and hauled away for disposal; and that some ninety-three signatures had petitioned sewage in the area. Mr. Whitney further stated that the firm of Reagan & McCaughan had prepared a master plan for Flour Bluff; that the estimated cost would be in excess of five million dollars, and that they recommended the areas be served with small plants with a line so designed that when a master trunk line is laid the plants would be turned into lift stations. Mr. Whitney explained that regardless of Jon Held, or any other potential developer, the City had a problem in this one area, and that the proposed actions were to provide Sanitary Sewer Service to a portion of Flour Bluff that had an emergency, and that other areas would benefit. In answer to questions from the Council, Mrs. Neilon and Mrs. Green both stated that they opposed the location of the sewage disposal plant on Laguna Shore, but would approve a different location. Commissioner McDaniel pointed out that this would be a temporary plant and would be turned into a lift station eventually. Minutes Regular Council Meeting February 9, 1966 Page 6 Commissioner Jimenez recommended that the matter be tabled on the basis of the protests presented. Mayor Pro Tem Blackmon stated that developers have been required to make con- tributions toward the cost for this service; that Mr. Held's contribution was approxi- mately ten percent of the total estimated cost and did not seem to conform with con- tributions of other developers, and that Mr. Held should present a more favorable percentage -wise contribution for this service. Mr. Blackmon further stated that all of Flour Bluff should be served as soon as possible. Following a diecuesion relative to the number of homes that would be served in the emergency area and the number of residents in Flour Bluff, Mayor Furman stated that, considering the testimony that had been given, the Chair would entertain a motion to table this matter. Motion by Jimenez, seconded by Dunne and passed, with Furman, Blackmon, Dunne and Jimenez voting "Aye" and McDaniel, Sizemore and Wallace voting "Nay," that the actions to provide Sanitary Sewer Service to a portion of the Flour Bluff Area be tabled for further consideration. d. That the agreement with Saratoga Land Company dedicating to the City approximately twenty acres of land occupied by borrow pits to be used for sanitary land fill, and upon completion of the fill, dedicating additional land to make a thirty -acre park, be approved; and that the provisions that the City start within six months be changed to twelve months from date. e. That the Cross Drainage Construction agreement with the State Highway Department for construction of oversized drainage facilities in connection with construction of I.H. 37 from Rand Morgan Road to the M. P. Railroad Underpass near Calallen, be approved. ORDINANCE NO. 7897 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $22,600 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 THE MIDTOWN TRAFFIC EXCHANGE, PROJECT NO. 220-53-18.2, OF WHICH BUM THE AMOUNT OF $10,300 IS APPLICABLE TO PARCEL NO. 23, CAUSE NO. 466, AND THE SUM OF $1,2,300 18 APPLICABLE TO PARCEL NO. 32, CAUSE NO. 468, SAID CAUSES BEING FILED IN THE COUNTY COURT OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 9, 1966 Page 7 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. 7898 CHANGING THE NAMES OF THE HEREINAFTER NAMED STREETS IN THE CIT' OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LOCATED IN THE CITY OF CORP!', CO ISTI; 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. 7899 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND ERNEST E. EASON COVERING TE'RFA'i"M RANT FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT,A COPY OF SAID ASSIGNMENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAij.j A; 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 N0. 7900 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE CROSS DRAINAGE CONSTRUCTION AGREEMENYS BETWEEN THE STATE OF TEXAS AND CITY OF CORPUS CHRISTI FOR CONSTRUCTION OF 0VE,:`IZED DRAINAGE FACILITIES IN CONNECTION WITH CONSTRUCTION OF I.H. 37 FROM RAND MORGAN ROAD TO THE M.P.R.R. UNDERPASS NEAR CALALLEN; APPROPRIATING OUT OF NO. 295 STORM SEWER sND FUND THE SUM OF $43,400 TO BE PAID TO THE STATE UPON REQUEST, PAYABLE TO THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, SAID SUM REPRESENTING TEAT PORTION OF COST FOR OVER - SIZING THE FACILITIES TO BE CONSTRUCTED BY THE STATE, APPLICABLE TO PROJECT NO. 295-64-26.3; 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. 7901 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE SARATOGA LAND COMPANY, WHEREBY THE SAID SARATOGA LAND COMPANY WILL DEDICATE TO THE CITY 20 ACRES OF LAND, MORE OR LESS, NOW OCCUPIED BY BORROW PITS AND WHEREBY THE CITY WILL ACCEPT SAID DEDICATION, ALL IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT, 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: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." Minutes Regular Council Meeting February 9, 1966 Page 8 ORDINANCE N0. 7902 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CRRISTI BANK AND TRUST COMPANY, TRUSTEE, AND CAL TAYLOR AND LYDA N. CHANCE, C/B/A C & T GIFTS AND NEWS, COVERING THE NEWSSTAND FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIR- PORT, A COPY OF SAID ASSIGNMENT AGREEMENT BEING 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: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY, AN OIL AND GAS LEASE ON 87.252 ACRES OF LAND LOCATED OUT OF LOTS 5 AND 6, SECTION 3, BOHEMIAN COLONY LANDS, NUECES COUNTY, TEXAS, WITH B. V. BALLENGEE, FOR A FIVE-YEAR PERIOD, BEGINNING APRIL 15, 19.66, AND EXPIRING APRIL 14, 1971, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, TO BE PAID IN ADVANCE, ALL AS MORE FULLY SET OUT IN THE LEASE AGREE- MENT, A COPY OF WHICH IS 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, Blackmon, Dunne, Jimenez, McDanile, Sizemore and Wallace, present and voting "Aye." 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 :REEMENT WITH PADRE LITTLE LEAGUE, LEASING TO THE SAID PADRE LITTLE LEAGUE A TRACT Oi- LAND APPROXIMATELY 700 FEET BY 320 FEET OUT OF THE NORTHEAST CORNER OF THE HOLLY KOAD RESERVOIR SITE, AS SHOWN ON THE ATTACHED SKETCH, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and pa®sed to its second reading 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 three 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 #1265-7, The B.F. Goodrich Company, for change of zoning from "B-1" Neighborhood Business District to "B-5" Primary Business District on Lot 2, Parkdale Village, Annex "C". 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 December 21, 1965, Mr. Ben Marks, appeared on behalf of the applicant, and Minutes Regular Council Meeting February 9, 1966 Page 9 that Mr. Dave Coover, spoke in opposition to the requested "B-5" zoning but was not opposed to "B-4" zoning; that twenty-seven letters were sent out, and none were received in favor and one was received in opposition; and stated that the recommenda- tion of the Zoning and Planning Commission was that it be denied but in lieu thereof that "B-4" General Business District be approved on the basis that it is in keeping with the zoning pattern of the area. In answer to questions from the Council relative to 'B-4" and "3-5" zoning, Mr. Wenger advised that 'B-5" zoning allows for billboards which advertise products not particularly sold on the premises and that 'B-4" zoning did not allow this. Mr. Ban Marks, representing the applicant, spoke in support of the appli- cation, and stated that the 'B-1" zoning in the Parkdale area was a result of the general overall zoning that went on about five years ago; that it was left that way which permitted development of the tracts; and that supplemental requests were made relating to signs. Mr. Marko pointed out the different developments in the area and stated that 'B-4" was required for businesses needing signs on their buildings. Mr, Harry Braderman and Mr. Dwaine Button, representing the applicant, appeared in support of the application. No one appeared in opposition to this application. Motion by Sizemore, seconded by Wallace and passed that the hearing be closed. Motion by Wallace, seconded by McDaniel and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for "B-5" be denied but that in lieu thereof, a change of zoning from "B-1" Neighbor- hood Business District to "B-4" General Business District on Lot 2, Parkdale Village, Annex "C", be approved, and that an ordinance be brought forward effectuat- ing this change. Mayor Furman announced the public hearing on Application #1265-8, W. H. Hammonds, for change of zoning from "R -1B" One -family Dwelling District to "It -2" Two-family Dwelling District on Lot 10, Block 2, Washington Addition. Minutes Regular Council Meeting February 9, 1966 Page 10 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 December 21, 1965, the applicant appeared in support of the application and no one appeared in opposition; that thirty letters were sent out, and two returns were received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be approved as a logical use. Mr. W. H. Hammonds, applicant, appeared in support of his application, and no one appeared in opposition. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. 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 "R-2" Two-family Dwelling District on Lot 10, Block 2, Washington Addition, be approved, and that an ordinance be brought forward effectuating this change. Mayor Furman announced the public hearing on Application #1265-9, The Mary McCloud Bethune Day Nursery, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on Lots 5, 6, 7, 8, 9, 10, 11 and 12, Block 8, Nueces Bay Heights Addition. 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 December 21, 1965, Mr. Ban Donnell, attorney representing the applicant, appeared in support of the application and no one appeared in opposition; that forty-five letters were sent out, and four returns were received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Com- mission was that it be denied but in lieu thereof that a Special Permit for the operation of a day nursery be granted subject to the following conditions: (1) That outdoor identification signs be limited as outlined in definition of "Home Occupations" under the "R -IA" One -family Dwelling District regulations; (2) That the premises be maintained in the present residential character of the neighborhood; (3) That the property be fenced in accordance with the State requirements for day nursery operations. Minutes Regular Council Meeting February 9, 1966 Page 11 Mr. Ben Donnell, attorney representing the applicant, appeared in sup- port of the application, and explained that the subject property was in a low economic area; that there was a need for a day nursery to furnish child care during the day for working mothers; and that the nursery would have to be in a residential area if they were going to serve the working mothers. Mr. Donnell further stated that there was no opposition to the nursery; that the nursery is a United Fund Agency; that they were hoping they could obtain financing on the building through the land; and that they would probably renovate the present building at this time. Mr. Donnell also stated that if the Council decided against re -zoning the prop- erty, he would be satisfied with a Special Permit. No one appeared in opposition to this application. Motion by Blackmon, seconded by Wallace and passed that the hearing be closed. Mayor Pro Tem Blackmon stated that he felt the nursery would be a great improvement to the neighborhood; and that as no opposition was received on this zoning change; he felt the zoning change should be granted as applied for. Mayor Furman declared the Chair would entertain a motion to change the zoning as applied for. Commissioner McDaniel stated that the financing on the nursery was not definite and that the change of zoning would be permanent, and Mayor Pro Tem Blackmon stated that the change of zoning could be conditioned to the applicant. Motion by Blackmon, seconded by Jimenez and passed, with McDaniel voting "Nay," that the change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on Lots 5, 6, 7, 8, 9, 10, 11 and 12, Block 8, Nueces Bay Heights Addition, be granted as applied for, and that an ordinance be brought forward effectuating this change. Mr. W.. H. Hammonds asked the Council of anything could be done to process the zoning applications in less time; that usually the applications take two to three months, and that it sometimes presents a problem for the applicant. City Manager Whitney explained that the State law covering zoning pro- vided that first an application must be filed, notices sent out and hearing held by the Zoning & Planning Commission; that the Commission recommended the applica- Minutes Regular Council Maeting February 9, 1966 Page 12 tions to the Council; and that the Council set the dates for the hearing and that advertising and notices were sent out on the public hearing; that all of this re- quired time and that the law was designed so that the property owners would have a chance to be informed. Mayor Pro Tem Blackmon pointed out that public hearings were scheduled for the month of February on zoning cases, including a Special meeting; that the Council tried to keep up with the applications and process them as soon as possible, and that the law was designed to help the property owner. City Manager Whitney advised that a study had been made on the Everhart Road area and asked the Council if they wanted a staff presentation of the study at this time. Motion by McDaniel, seconded by Sizemore and passed that a presentation of Everhart Road Study be made at this time. City Manager Whitney stated that two zoning applications were tabled after the public hearing last week pending a study of the zoning on Everhart Road, and that the applicants, Mr. Paul J. Roepke and Mr. Dave Coover, representing the applicant, Berman F. Waters, had contacted him regarding a decision on their zon- ing applications, and asked the Council if they wanted to act on these applications after the presentation. Mr. William Anderson, Director of Planning, presented the study on the zoning on Everhart Road. Mr. Anderson pointed out that part of the area should be de -zoned; and stated that the Roepke application complied with the study that was made on zoning for that area, but that the Waters application would be strip zoning. Following a lengthy discussion relative to the Everhart Road Study, motion by Blackmon, seconded by Dunne and passed that the City Staff be instructed to institute the necessary procedure for zoning changes of the zoning ordinance re- lating to the Everhart Road Study. Motion by McDaniel, seconded by Dunne and passed with Jimenez voting "Nay," that the application of Paul J. Koapke, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a portion of Lot 5, Oso Farm Tracts, located on the Northwest corner of the intersection of Everhart Minutes Regular Council Meeting February 9, 1966 Page 13 Road and Holly Road, be approved, and that an ordinance be brought forward effectuat- ing this change. Motion by McDaniel, seconded by Dunne and passed, with Blackmon voting "Nay," that the application of Herman F. Waters, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a 2.837 -acre portion out of Lot 3, Oso Farm Tracts, be denied. Mayor Pro Tem Blackmon recommended that the City Staff initiate the necessary steps and notice to change the zoning to 1B-4" on the rest of the block on which Mr. Ben Mark's tract is located in Parkdale Village, Annex "C" (which application was recorded earlier in these minutes), namely, Annex "A", "B" E the remaining portion of Annex "C". City Manager Whitney advised that a hearing had been held on the condemna- tion of Parcel #28, Midtown Traffic Exchange, and advised that an appropriation should be made to cover the cost. Assistant City Attorney Young presented the following ordinance for action: ORDINANCE NO. 7903 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $42,000 FOR COMMISSIONERS' AWARD, SPECIAL COMMISSIONERS' FEES, APPRAISAL TESTIMONY, COURT COSTS, TITLE EXPENSES AND EXPERT TESTIMONY IN EVENT OF A JURY TRIAL, ALL IN CONNECTION WITH THE MIDTOWN TRAFFIC EXCHANGE, PROJECT N0. 220-53-18.2, ALL OF WHICH IS APPLICABLE TO PARCEL N0. 28, CAUSE N0. 472, SAID CAUSE BEING FILED IN THE COUNTY COURT 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." There being no further business to come before the Council, the meeting was adjourned.