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HomeMy WebLinkAboutMinutes City Council - 03/16/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL METING March 16, 1966 PRESENT: Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Wm. H. Wallace 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Jack R. Blackmon called the meeting to order. The invocation was given by the Reverend G. A. Poehlmnnn, Pastor of First Lutheran Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Dunne, seconded by Jimenez and passed that the absence of Mayor McIver Furman and Commissioner Ronnie Sizemore be excused for cause. Motion by McDaniel, seconded by Dunne and passed that the mimftes of the regular meeting of March 9, 1966, at 2:00 p.m., be approved as furnished to the Council. Mayor Pro Tem Blackmon welcomed representatives of the Student Council from Flour Bluff Junior High School, and their sponsor, Perry Stoekvnan; and read and presented Certificates of Attendance to Allan Johnson, Mike Carter, Shawn Carter, Donna Twitty, Norma Adams, and Peggy Shirley; accepted by Allan Johnson, President of the Student Council. Mayor Pro Tem Blackmon announced that a request had been received from Sam Suseer, Application 066-4, to postpone the public hearing which was scheduled today on his requested change of zoning on the South 1/2 of Lots 13 and 13A, Block 4, Del Monte Addition; and that if the Council approved this postponement, addi- tional notice would be given when the hearing would be reset. Motion by Jimenez, seconded by McDaniel and passed that the public hearing on Application #266-4, Sam Sasser, for change of zoning from "AB" Profes- sional Office District to "B-1" Neighborhood Business District on the South 1/2 of Lots 13 and 13A, Block 4, Del Monte Addition, be postponed as requested by the applicant, and that due notice be given when the hearing has been reset. Minutes Regular Council Meeting March 16, 1966 Page 2 Mayor Pro Tea Blackmon read and presented proclamations relative to the following; PURE BRED DOG SHOW DAY in Corpus Christi, Thursday, March 17, 1966, accepted by Mrs. Gene Urban and Mr. C. E. Russell; and DE MOLA.Y WEEK in Corpus Christi, the week of March 13 to March 20, 1966, accepted by Jack Rowe, State Execu- tive Committeeman and Jack Keith, Master Councilor, of the Corpus Christi Chapter of the Order of De Molay. Mayor Pro Tem Blackmon announced appointments to Boards and Committees. Mayor Pro Tem Blackmon nominated for appointment to the Citizens Committee for Community Improvement, the following: Mrs. Ralph Bennett, to replace Mrs. Marie Hubler, and James S. Naismith and Mrs. Tom Burke, additional appointments to the Committee. Motion by McDaniel, seconded by Dunne and passed that Mrs. Ralph Bennett, James S. Naismith, and Mrs. Tom Burke be appointed to tJae Citizens Committee for Community Improvement. Mayor Pro Tem Blackmon announced the Council would now consider the application of Atlantic Refining Company to erect a structure on Spoil Island opposite Reynolds Metals Plant for the production of a gas well located in State Tract #23. Mr. Charles Hutchinson, Jr., District Manager for Atlantic Refining Company, spoke in support of the application, and stated that Atlantic Refining Company had applied for a permit to construct separation and storage facilities for gas well production on the Spoil Island opposite Reynolds Metals Plant, in State Tract #2, Corpus Christi Bay, and that in order for the permit to be granted, it would be necessary to amend the Bay Drilling Ordinance. Mr. Hutchinson explained. that Atlantic Refining Company had recently completed Well #'1, in State Tract #23, Corpus Christi Bay, and that to put the well into production would require one of three alternatives, and pointed out on a map the location of the site and the existing structures in the Bay. Mr. Hutchinson stated that Atlantic Refining Company could erect a production platform in the Bay which was physical -y possible, but not legally possible; that they could bring the fluid to the nearest shore in Portland and erect a structure there; that neither one of these alternatives was Minutes Regular Council Meeting March 16, 1966 Page 3 recommended; and that from the standpoint of the City as well as the oil companies e he recommended the structure be erected on the existing Spoil Island opposite the Reynolds Metals Plant in San Patricio County. Mr. Hutchinson further explained that the spoil island waa left when the LaQuinta Channel was dredged; that the island is quite large; that they plan to level a 2-1/2 acre plot and erect the processing facilities upon this plot; and that as there is a silt area it would be necessary to dredge a small channel to the island and put a few pilings against the island for barges. Mr. Hutchinson pointed out that this would accomplish several things as it would keep the barges out of the channel; that it would be closer for them to get near their operation; that it would be advantageous to both the City and the oil companies to dredge this channel, and that it would be fairly expensive but worthwhile. Mr. Hutchinson presented a letter from Harvie Branscomb, Acting Chairman of the Bay Drilling Committee, and stated that the members of the Committee unani- mously recommended approval of this request, and that it fitted in precisely with what the Committee was trying to accomplish. Mr. Hutchinson also stated that the citizens of Corpus Christi did not want a bunch of structures in the Bay; that the structures should be kept to a minimum; and that it would be difficult to see the Spoil Island from the Reynolds Metals Plant. Mr. Hutchinson distributed copies of their application, which vas pre- pared for the Corps of Engineers, to the members of the Council for study, and pointed out on an aerial map the proposed facilities, the dredging to be done, and the distances > Mr. Hutchinson stated that it would also be necessary to have a permit approved by the Corps of Engineers, General Land Office, and the Navigation District, which controls the Spoil Island; and that the Navigation District had agreed to lease this plot of land to them; and that the permit from the Corps of Engineers should be received within a week or two. Mr. Hutchinson pointed out that the present Bay Drilling Ordinance prohibits this type of construction in the Bay, and that it vould be necessary to amend the drilling ordnance so that the permit could be granted, and urged the prompt consideration of the Council in amending the drilling ordinance and granting the permit. Minutes Regular Council Meeting March 16, 1966 Page k Commissioner Jimenez inquired as to whether the ordinance, if amended, would be amended for just this time, and City Attorney I. M. Singer advised that if the ordinance was amended it would remain amended. Commissioner Dunne asked if the proposed facilities would serve any other wells in the area, and Mr. Hutchinson replied that it was not proposed as a joint facility at this time, but that if there was further development in the area it was quite likely that the same location would be used and that it may be necessary to go from a 2 -1/2 -acre plot to a 5 -acre plot. In answer to a question relative to action being delayed on this matter for a week, Mr. Hutchinson advised that he had anticipated that the Council could not act today; that it would be a week before he received approval from the Corps of Engineers on their permit; but that he hoped the ordinance could be amended and the permit granted at the next Council meeting, and that a week's delay would cost approximately $30,000. Mayor Pro Tem Blackmon stated that the matter should be carried over for discussion at the Workshop meeting Monday night; that the public should have an opportunity to be heard on this; and that the application would be on file in the City Secretary's office for the public to see. Commissioner McDaniel stated that if the matter was carried over until the next Council meeting he wanted an ordinance prepared for that meeting; otherwise it should be passed on at this time. Mayor Pro Tem Blackmon recommended that the matter be considered at the Workshop Monday night; that the physical work could be completed by the next Council meeting and that Council could vote on it at that time, and asked Mr. Hutchinson to advise City Secretary Kring when approval was received from the Corps of Engineers. Mayor Pro Tem Blackmon announced the opening of bids. Bids were opened and read for construction of Marina Improvements, Unit V, from the following: Brown and Root Company. The foregoing bid was tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Minutes Regular Council Meeting March 16, 1966 Page 5 Jack Ponton, Purchasing Agent, advised Council that no bids were received for the sale of property in Livingston Park Addition, and that 160 bid invitations had been mailed out. Bids were opened and read on the purchase of Heavy Equipment for various departments, from the following: Closner Equipment Company; Contractors Machinery Company; Cooper Equipment Company; Dulaney Service Company; Ingranm Equipment Company; C. R. Searcy Company; Gulfside Equipment Company; International Harvester Company; Girard Machinery & Supply Company; Anderson Machinery Company; The Roy KLossner Company; Pearce Equipment Company;; and Jess McNeel Machinery Corporation. The foregoing bids were tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on the purchase of Irrigation Equipment for Warehouse Inventory, from the following: Alamo Iron Works; Allied Steel Whole- sale, Inc.; Cabot Piping System; Can -Tex Industries; Goldthwaite's of Texas; Gulf Supply Company; McAllen Pipe & Supply Company; Mt. Vernon Pipe & Supply Company; Joseph T. Ryerson & Sons, Inc.; Teleeo Industries; Venable Sprinkler Sales; Watson Distributing Company; General Lawn. Sprinkler Company; and Stewart & Stevenson. The foregoing bids were tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and reconnnendation. Mayor Pro Tem Blackmon brought up the pending item of the appeal of Messrs. Richard and Daniel Hinojosa from action of the Zoning and Planning Commission rel- ative to platting of Holly Industrial Subdivision, Lot 1-B, and requiring the owners to dedicate a twenty -foot strip of land for right-of-way purposes; on which public hearing was held March 9, 1966, and which was tabled pending a legal recommendation. Mayor Pro Tem Blackmon advised that members of the Council had been furnished a copy of the legal opinion from the City Attorney, and asked if Council was ready to act on the appeal at this time. Commissioner Jimenez stated that he respected the legal opinion, but that morally he felt it was wrong to take the entire twenty feet and penalize the people because the railroad was on the other side; and that even if a precedent wan set, he felt the City should take ten feet and pay for the other ten feet. Minutes Regular Council Meeting March 16, 1966 Page 6 Motion by Jimenez that the City acquire ten feet by police power and pay for the other fen feet needed for right-of-way purposes on Holly Road. There being no second to the foregoing motion, Mayor Pro Tem Blackmon declared the motion died for lack of second. Motion by McDaniel, seconded by Dunne and passed, with Jimenez voting "Nay", that the recommendation of the Zoning and Planning Commission be upheld, and that the appeal be denied. Mayor Pro Ten Blackmon called for the City Manager's Reports. Motion by Wallace, seconded by Dunne and passed that the City Manager's Reports, Items "a" through "i" be accepted; and that the recommendations and requests be approved and granted as follows: a. That the award of contract for construction of Baldwin Storm Sewer Laterals, be made to Fowco Construction Company, on the basis of low bid; and that appropriation in the amount of $78,611 be authorized; b. That the request of Del Mar College for abandonment of an easement in Block 20, Southmorelend Addition, be approved; c. That the authority to receive bids on March 30, 1966, on Traffic Control Equipment, be granted; d. That the contract for the aerial mapping of the entire City, in- cluding Ocean Drive to the North Gate of the Naval Air Station, be awarded to International Aerial Mapping Company, on the basis of their low bid, in the amount of $16,069; e. That the award on Oil and Gas Lease on 18.876 acres of thirteen tracts of land., be made to Coastal States Gas Producing Company, on the basis of their bid proposal of $2,160 bonus; Bid Tabclation ;¢66-12) f. That the date of April 20, 1966, during the regular Council meeting, be set for public hearing on the appeal of William and Helen G. Meyer for a Special Use Permit for a trailer court on a 2 -acre portion of the Frederic Tract; g. That the date of April 13, 1966, at a Special Council Meeting con- vening at 3:00 p.m., be set for public hearing on six zoning cases; Minutes Regular Council Meeting March 16, 1966 Page 7 h. That the date of April 20, 1966, during the regular Council meeting, be set for public hearing on two proposed street name changes; i. That the agreement with E. S. Marie and 0. Neathery providing for the reimbursement to the City of the cost of extending an 8" water main and the instal- lation of a fire hydrant to serve Anchor Harbor, and providing for the reimbursement to the City for the cost of future extension of said 8" water main along the South boundary of the property when such future extension is made, be approved. ORDINANCE NO. 7943 AUTHORIZING= DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH F0W00 CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE BALDWIN STORM SEWER LATERALS, PROJECT NO. 295-64-40; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUNDS THE SUM OF $78,611.00, OF WHICH AMOUNT $75,806.90 IS FOR THE CONSTRUCTION CONTRACT AND $2,804.10 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, LABORATORY TESTING AND LEGAL ADVERTISING COSTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. ORDINANCE N0. 7944 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF '1'HN CITY OF CORPUS CHRISTI, TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND HANDY ANDY INCORPORATED, DBA HANDY ANDY STORE #44, LOCATED AT 3737 LEOPARD STREET, W00DLANN SHOPPING CENTER, CORPUS CHRISTI, NUECES COUNTY, TEXAS, APPOINTING PERSONS AND STORE AS ITS AGENT FOR Tim SOLE PURPOSE OF ACCEPTING PAYMENT OF BTLLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING MARCH 21, 1966, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY 1EE APPOINTEES HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED HEREIN, ALL IN ACCORDANCE Wim SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. ORDINANCE N0. 7945 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE PERMIT TO THOMAS J. GREENE TO OCCUPY A PORTION OF NORTH SHORELINE BOULEVARD, ABUTTING LOTS 5 AND 7, BLOCK 387, BROOKLYN ADDITION TO 'rH CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING SITUATE ON CORPUS CHRISTI BEACH, A COPY OF SAID PERMIT 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: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. Minutes Regular Council Meeting March 16, 1966 Page 8 ORDINANCE N0. 79+6 DECLARING ABANDONED THE 5 -FOOT UTILITY EASEMENT HERETOFORE EXISTING IN BLOCK 20, SOUTHMORELAND ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. ORDINANCE NO. 7947 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF TRE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT W1T4 E. L. KTELY, GRANTING THE RIGHTS OF CONCESSION AT THE PEOPLE'S STREET T -HEAD TO Tii SAID E. L. RELY, SAID CONCESSION RIGHTS BEGINNING MARCH 1, 1966, AND EXPIRING riSHUARY 28, 1969, SUBJECT TO THE COVENPJ S AND COEDITIONS PROVIDED IN SAID CONTRACT, 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: Blaclenon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. ORDINANCE NO. 7948 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,EET 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 CLINTON D. McK NNON, BY CHANGING THE ZONING ON A PORTION OF TRACT 6, OUT OF LOT 2, OSO FARM TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS IS MORE FULLY HEREINAFTER DESCRIBED, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" GENERAL BUSINESS DISTRICT, SUBJECT TO A SITE PLAN, APPROVED BY TER CITY COUNCIL, WHICH SITE PLAN IS ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF M.N1 EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREW.wt3; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. ORDINArCE N0. 7949 AUTHORIZING AND DIRECTING THE CITY MANAGER., FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN AERIAL EASEMENT TO CENTRAL POWER AND LIGHT COMPANY FOR THE CONSTRUCTION AND MAINTENANCE OF AN ELECTRIC TRANSMISSION LINE ACROSS A CERTAIN TRACT OF CITY PROPERTY, BEING TRACT A IN LOT 3 OF LOKEY SUBDIVISION, BEING A RESUBDIVISION OF A PORTION OF SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED INA COPY OF SAID AERIAL EASEMENT WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. Minutes Regular Council Meeting March 16, 1966 Page 9 ORDINANCE N0. 7950 THIRD READING OF AN ORDINANCE AMENDING TSE CORPUS CHRISTI CITY CODE, 195S, AS AMENDED, BY AMENDING SECTION 21-153 MADDING GREEDY.DRIVE, FROM PARADE DRIVE TO BELMP+ADE DRIVE,'TO THE LIST OF ONE-WAY STREETS, BETWEEN THE HOURS OF 8:00 A. M. AND 5:00 P.M. ON SCHOOL DAYS ONLY; AND PROVIDING FOR YUJ3LICATION. The foregoing ordinance was read forthatthird time and passed finally by the following vote: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. ORDINANCE N0. 7951 THIRD BEADING 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, 1966, AND EXPIRING APRIL 14, 1971, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATION S'R!P OUT IN THE LEASE FORM, TO BE PAID =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 eras read for the third time and passed finally by the following vote: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. ORDINANCE NO. 7952 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING YHL CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE LEASING TO THE SAID PADRE LITTLE LEAGUE A TRACT OF LAND APPROXIMATELY 700.e'r;a BY 320 FEET OUT OF THE NORTHEAST CORNER OF THE HOLLY ROAD RESERVOIR SITE, AS SHOWN MITRE ATTACHED SKETCH, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGR IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. ORDINANCE N0. 7953 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH E. S. MARIE AND 0. NEATEERY FOR TRE PURPOSE OF PROVIDING FOR THE REIIBURSEMEET TO THE CITY OF '1'H.G COST OF EXTENDING AN 8 -INCH WATER MAIN AND THE INSTALLATION OF A iiut HYDRANT TO SERVE A 1:+.777 -ACRE TRACT OF LAND KNOWN AS TRACT N0. 1 OF ANCHOR HARBOR, AND PROVIDING FOR THE REMBURSTHENT TO TEE CITY FOR THE COST of THE FUTURE EXTENSION OF SAID 8 -mama MAIN ALONG THE SOUTH BOUNDARY OF SAID TRACT WHEN SUCH FUTURE EXTENSION IS MADE, ALL AS MORE FULLY SET OUT IN 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: Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. Minutes Regular Council Meeting March 16, 1966 Page 10 FIRST READING OF AN ORDINANCE AMENDING SECTIONS 36-91 AND 36-92 OF Thid CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING ORDINANCE NO. 7458, SO AS To REQUIRE FINANCIAL RESPONSIBILITY OF ANYONE RENTING OR LEASING MOTOR BIKES; ADOPTING NEW SECTION TO BE NUMBERED 36-93, FORBIDDING 'W u RENTING OF SUCH VEHICLES TO ANY PERSON WHO DOES NOT HOLD A DRIVER'S LICENSE OR WHO IS UNABLE TO SAFELY DRIVE SUCH VEHICLE, ALL AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote; Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye", Furman and Sizemore absent. Mayor Pro Tem Blackmon declared a brief recess before the scheduled public hearings on four zoning applications. Mayor Pro Tem Blackmon reconvened the meeting and announced the Council would now hold the scheduled public hearings, explained the procedure to be followed, and stated that Application #266-4, Sam Susser, had been postponed at the request of the applicant and would be reset at a later date. Mayor Pro Tem Blackmon announced the public hearing on Application #266-1, G. A. Conner, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lot 14, Block 4, Bervonne Terrace. Miss Laura Copeland, 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 February 1, 1966, the applicant spoke in favor of the application and stated that he wished to build a duplex on the property; that no one appeared in opposition; that twenty-seven letters were sent out, and no returns were received in favor and seven returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be denied on the basis that it constitutes spot zoning and encroachment into a well established one -family residential area. No one appeared in connection with this application. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Wallace, seconded by Jimenez and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for change of zoning be denied. Minutes Regular Council Meeting March 16, 1966 Page 11 Mayor Pro Tem Blackmon announced the public hearing on Application #266-2, J. B. Wright, for change of zoning from "A-2" Apartment House District to "B-1" Neighborhood Business District on Lots 9, 10 and 11, Johnson Addition. Mies Laura Copeland, 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 February 1, 1966, the applicant spoke in favor of the application and stated that the area would be used for the storage of nursery plants; that one other person spoke in favor of the application and one person, representing his wife and himself, spoke in opposition; that thirty-nine letters were sent out, and four returns were received in favor and two returns were received in opposition; that one return was received in favor and one return was received in opposition after the Commission hearing, and stated that the recommendation of the Zoning and Punning Commission was that it be denied on the basis that granting "B-1" zoning would be a projection of business into an "A-2" Apartment House District, but that in lieu thereof a Special Permit authorizing the operation of an outdoor nursery be approved subject to all "B-1" Neighborhood Business District limitations. Mr. J. F. Wakefield, representing Jane E. Garrett o± Houston, Texas, owner of the subject property, spoke in support of the application, and stated that Mise Garrett had offered the property for sale to Mr. Wright; that the existing house would probably be used for storage of nursery stock; that the house when it is vacant had been entered unlawfully by other persons and that the police had been called on numerous occasions; and that the use the applicant proposed for the property would be extremely better for the neighborhood and that he recommended the zoning be changed. In answer to a question from the Council, Mr. Wakefield said he did not know if a Special Permit would be satisfactory to the applicant. No one appeared in opposition to this application. City Manager Whitney advised that one communication had been received in opposition to business zoning on the property. Minutes Regular Council Meeting March 16, 1966 • Page 12 Motion by Wallace, seconded by Jimenez and passed that the hearing be closed. Motion by Wilnne, seconded by Dunne and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the change of zoning from "A-2" Apartment House District to "B-1" Neighborhood Business District on Lots 9, 10 and 11, Johnson Addition, be denied, but that in lieu thereof a Special Permit authorizing the operation of an outdoor nursery be approved subject to all "B-1" Neighborhood Business District limitations. Mayor Pro Tem Blackmon announced the public hearing on Application #266-3, John 0. Walker, for change of zoning from "R -1B" One -family Dwelling District to "AB"'Professional Office District on Lot 13, Sunnyside Strip. Miss Laura Copeland, 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 February 1, 1966, the applicant spoke in favor of the application and stated that the area is already zoned "AB" in several places, and that he wished to lease the propertyc,pr a child care nursery; that no one appeared in opposition; that twenty letters were sent out, and two returns were received in favor and none were received in opposition; and stated that the recom- mendation of the Zoning and Planning Commission was that it be approved as a logical extension of the existing "AB" Professional Office District. 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 Wallace and passed that the recommendation of the Zoning and Planning Commission be concurred in, end that the change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 13, Sunnyside Strip, be approved and that an ordinance be brought forward effectuating this change. Minutes Regular Council Meeting March 16, 1966 Page 13 Mayor Pro Tem Blackmon announced the public hearing on Application #266-5, Tam Swantner, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District, on an approximately 22.38 -acre tract out of the fractional Section 4, Range IX, H. L. Kinney Sectionized Lands, located on the South- west corner of the intersection of Linda Vista Drive and the Airport Drainage Ditch and extending approximately 1412 Feet in a Westerly direction along Linda Vista Drive and approximately 861 Feet in a Southerly direction along the Airport Drainage Ditob,. Miss Laura Copeland, Zoning and Plrning 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 February 1, 1966, the applicant spoke in support of the application and stated that the proposed area will be used for an industrial park; that three other persons spoke in favor of the application and that one person, representing himself and one other person, stated there would be no oppo- sition if the area was properly beautified; that thirty-two letters were sent out, and one return was received in favor and one return was received in opposition; that one return was received in favor after the Commission hearing; and stated that the recommendation of the Zoning and Planning Commission was that it be approved subject to the following conditions: (1) That an 8 -foot screening easement be dedicated along Linda Vista Drive beginning at the inner edge of the sidewalk; (2) That an 8 -foot solid fence be erected, according to City specifi- cations, along Linda Vista Drive behind the screening easement; (3) That oleanders be planted 3 feat apart on center and 3 feet in front of the fence; (4) That this approval be subject to a proper plat of the area. Mr. Tom Swantner, Trustee and applicant, appeared in support of the application and stated that he was in the process of platting the area; that he had a revised plat which was under consideration by his engineer; that the engineer had aet',ally proceeded with the final plans for construction of utilities; and that the plat would comply with the recommendations of the Zoning and Planning Commission. Mr. Swantner further stated that some items contained in "I-2" zoning Minutes Regular Council Meeting March 16, 1966 Page 14 would not be allowed; that primarily it would be a subdivision of warehouse office district and that there appeared to be a need for this type of use; and presented pictures to the Council of the type of buildings that would be allowed. Mr. Jim Young, one of the owners and developers of the area, concurred with the remarks of Mr. Swantner. No one appeared in opposition to this application. City Manager Whitney advised that two telephone communications had been received in opposition to the application. Motion by Wallace, seconded by McDaniel and passed that the hearing be closed. Following a discussion relative to the rear setback line requirements and whether sidewalks would be constructed, Larry Wenger, Senior City Planner, stated that he believed the Staff was thanking, about a 50 -foot setback and that sidewalks would be required. Motion by Wallace, seconded by Dunne and passed that the change of zoning from "R -1B" One-fwmily Dwelling District to "I-2" Light Industrial District on an approximately 22.38 -acre tract out of the fractional Section 4+, Range IX, H. L. Kinney Sectionized Lands, be approved subject to the following conditions: (1) That an 8 -foot screening easement be dedicated along Linda Vista' Drive beginning at the inner edge of the sidewalk; (2) That an 8 -foot solid fence be erected, according to City specifi- cations, along Linda Vista Drive behind the screening easement; That oleanders be planted 3 feet apart on center and 3 feet in front of the fence; (4) That this approval be subject to a proper plat of the area; (5) That sidewalks be provided. Reverend W. E. Comstock, Pastor of Assembly of God Church in Annaville, appeared before the Council and requested permission to park a trailer at the back of the Church property. Reverend Comstock stated that the Church was unable to afford a personage at the present time and that it would be a great help to him, as well as to the Church, to locate his trailer on the Church property. (3) Minutes Regular Council Meeting March 16, 1966 Page 15 Mayor Pro Tem Blackmon advised Reverend Comstock that the Council did not have the authority to grant this request; that it had been done in the past on an emergency basis; and that a public hearing would be held on Marsh 23rd on the proposed amendments to the zoning ordinance text. City Manager Whitney advised that the public hearing to be held next week on the proposed amendments would clarify the trailer park provisions. M. Whitney stated that the Inspection Division had contacted him this date that the trailer house was located on the Church property, and that as a result of the complaints from the neighbors, the Inspection Division had no recourse but to notify Reverend Comstock that he was in violation and deny this request. Mayor Pro Tem Blackmon explained to Reverend Comstock that the City did not want to work any hardship on him but until the ordinance was amended, the Council could not legally grant the request; that the City Manager would contact the Inspection Division that the matter would be "status quo" for the next two weeks; and asked Reverend Comstock to attend the public hearing nest week. Mr. Jim Young appeared before the Council and stated that he would like for the Council to consider the proposed Statue of Christ in the Bay as well as a lighted water spout with a perpetual pump; that it would not takes a lot of money and might be obtained from various organizations and clubs; and that it would be an added bayfront attraction. Mr. Young further stated that he wanted to en- courage the efforts being made to improve Ocean Drive and that the proposed ordinance relating to abandoned piers and pilings in the Corpus Christi Bay was "a step in the right direction." City Manager Whitney advised Council that about three months ago the Federal Aviation Agency had been granted temporary permission to locate a portable radar control at the Evelyn Price Park for testing purposes; that it was proposed to be a radar installation to control aircraft in the area; and that evidently the experiment was successful. Mr. Whitney further advised that he had received an air mini1 letter this morning from the Federal Aviation Agency stating that the location was desirable and asking for permission to locate a radar unit to serve Minutes Regular Council Meeting March 16, 1966 Page 16 the International Airport and the Naval Air Station, on a 200' by 200' tract of land facing on Gollihaz Road in the southeast corner of the Park; that a meeting between representatives of the Federal Aviation Agency and the Navel Air Station would be held the latter part of next week here in the City; that the Federal Aviation Agency was requesting that the Council be asked if they would permit the U. S. Government to use the proposed site for a fifteen -year term; and that if this information was received by the Agency on or before Wednesday, March 23rd, further project plans could be made at the scheduled meeting. Mr. Whitney stated that upon receipt of the letter, he contacted the Agency in Houston and explained that if Council approved this requeet, a fifteen - year lease would be impossible without an election; and that the Agency would ask for a five-year lease and hope to extend it. Mr. Whitney further stated that the building would be a one-etory concrete block building 30' by 60'; that adjacent to the building would be a radar tower with a base of 20' by 20' and that the tower would extend 27° high and would have a radar screening mechanism on top enclosed in a bubble -type dome; that there would be a second tower of an estimated 150' overall height for the micra wave transmission to the International Airport and the Naval Air Station. Mr. Whitney also stated that the request had not been presented to the Park Board but had been discussed with Mr. William P. Witt and Mr. W. D. Wilder by telephone; and that the matter was being presented to the Council for their information, and that the Agency was primarily interested in knowing now whether the Council would approve the requeet. Mayor Pro Tem Blackmon stated that the request of the Agency would not necessarily require a public hearing; that it would be publicized, and recon® mended that the matter be considered at Workshop Monday night, and that the Park Department be advised of the request. There being no further business to come before the Council, the meeting was adjourned.