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HomeMy WebLinkAboutMinutes City Council - 05/25/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 25, 1966 2:00 p.m. PRESENT: 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 City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The invocation was given by the Reverend Richard E. Stone, Pastor of Westminiater Presbyterian Church. City Secretary T. Ray firing called the roll of those in attendance. Motion by Sizemore, seconded by Jimenez and passed that the minutes of the Regular Meeting of May 18, 1966, at 2:00 p.m., be approved as furnished to the Council. Mayor Furman announced the opening of bids. Bids were opened and read for the construction of Williams Drive Drainage System, Unit I, from the following; F. M. Thornton; Bur -Tex Constructors; Slovak Brothers; and Heldenfels Brothers. 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. Bide were opened and read for the purchase of Corrugated Casing for the Water Division, from the following: Armco Metal Products Division; and Wyatt Industries, Inc. 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 sale of property in Livingston Park Addition (Aberdeen and Santa Fe), from the foliating: William Kalbfleisch; D. E. Clark; Louis P. Soto; and Edens Construction Company, Inc. 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 brought up the pending item of the appeal of Raymond Rodriquez regarding denial of a Taxicab Driver's License, on which public hearing was held May 18, 1966, and which was tabled for further consideration. Minutes Regular Council Meeting May 25, 1966 Page 2 Motion by Wallace, seconded by Sizemore and passed, with Jimenez voting "Nay," that in the appeal of Raymond Rodriguez for a Taxicab Driver's License, the recommendation of the Taxicab Inspector be upheld and the license be denied. Mayor Furman announced the public hearing on the application of S. A. Story & Aesooiatea for a permit to drill S. A. Story & Associates Well No. 1, McNorton Sub- division Unit, and explained the procedure to be followed. City Manager Whitney presented the application of S. A. Story & Associates (Tarpon Management Company) for a permit to drill S. A. Story & Associates Well No. 1, McNorton Subdivision Unit. Mr. Whitney presented a map showing the location of the proposed well site and its relation to roads and buildings; and pointed out the location of the Well In Lot 9, Block 1 of the McIorton Subdivision, as being 373 Feet West of the center line of Clarkwood Road., and approximately 160 Feet North of the North line of McNorton Road; and stated that the proposed depth of the well is a maximum of 5,500 Feet with a casing program of 8-5/8" surface casing to 300 Feet and 4-1/2" production line; that applicant has submitted copy of Certificate of Insurance; waivers from owners of Lots 8, 9 and 10, Block 1, McNorton Subdivision; that a public road is located within 160 Feet from the Well site; and that two buildings are shown to be 118 Feet and 127 Feet frau the well site. Mr. Whitney further stated that a copy of the Railroad Commission Permit was not submitted with the application. Pat McGloin, attorney representing the applicant, stated that a hearing Was held by the Railroad Commission on the 16th; that there was not any objection to the granting of the permit; and that the permit could not be granted until fifteen days after the hearing was held. Mr. McGloin further stated that he had written permission from the owners of Lots 8, 9 and 10, Block 1, McNorton Sub- division, for the location of this well. City Manager Whitney recommended that, if the application is approved, it be approved subject to approval by the Railroad Commission. No one appeared in opposition to this application. Motion by Sizemore, seconded by Wallace and passed that the hearing be closed. Minutes Regular Council Meeting May 25, 1966 Page 3 Motion by Blackmon, seconded by Sizemore and passed that the application of S. A. Story & Associates for a permit to drill S. A. Story & Associates Well No. 1, McNorton Subdivision Unit, be granted subject to approval by the Railroad Commission. Mayor Furman announced the public hearing on the appeal of ruling of the Building Standards and Housing Board regarding property at 808 Francesca Street, and explained the procedure to be followed. Assistant City Attorney Tom McDowell conducted the hearing for the City of Corpus Christi. Attorney McDowell explained that the appeal is by Corpus Investments, Inc. and Mrs. Louisa M. Garcia from the ruling of the Building Standards and Housing Board of Appeals on property situated at 808 Francesca Street, Lot 59, Block 3, San Pedro Addition; that the building was ordered demolished because it failed to meet the requirements of the standards set forth in the Building Ordinance; and that the Staff would offer testimony from Lonnie Kubala, Building Inspector, and L. K. Stout, Building Official, of the City of Corpus Christi. Lonnie Male., Building Inspector, testified to the substandard condition of the building; that he is familiar with the property located at 808 Francesca Street and had personally inspected the premises; that a portion of the building in its present condition lacks repair from deterioration and has deteriorated to the extent that, in his opinion, it would be unfeasible to make repairs as fifty percent or more of the entire building is deteriorated. Mr. Kubala presented pictures to the Council showing the deterioration of the building; and stated that the electrical and plumbing conditions are substandard; that the kitchen and bathroom doors both open into the seine room which is a violation of the Building Code; that the inside of the building is exposed to weather as the doors are not water tight and some of the windows are broken; that a portion of the foundation and outside walls have deteriorated to the extent that they would have to be replaced; and that based on his experience, it is not feasible to attempt to rehabilitate the building as it would have to be picked up and replaced with a new foundation; that the floor joists, sills and outside walls that have deteriorated would have to be replaced; that when the building was finished it would have more than fifty percent of new materials in it; and that it should be demolished. Minutes Regular Council Meeting May 25, 1966 Page 4 In answer to questions from the Council, Mr. 'Abele stated that there are seven other houses in less than a block from this building in similar condition; and that this matter has been pending for over a year as they have been trying to locate the original owner. In answer to a question from Attorney McDowell, Mr. Kabala stated that, in his opinion, the property is unfit for human habitation in its present condition. In answer to questions from Commissioner McDaniel, Mr. Kabala, stated that it would not be feasible to replace the foundation without removing the house and that it would be easier to build a new building; that it would cost between $1,500 and $1,em to repair the house; that the ordinance states that once a building is deteriorated fifty percent or more it should be demolished; and that in his opinion, the building has deteriorated more than fifty percent. Dave Coover, President of Corpus Investments, Inc., questioned Mr. Kabala with reference to his foregoing statements, and asked if this house is the only house that has been ordered demolished, and Mr. Itubala stated that seven other houses are being recommended that they be demolished, and that as the houses become vacant the Staff is attempting to do something with them. Mr. Kabala further stated that the first letters regarding this property were sent out in March, 1965; and that prior to February 17th when a letter was sent to the office of Corpus Investments, Inc., he was unaware that the property had been sold; and that the house in its present condition has no value at all. L. K. Stout, Building official, testified as to his qualifications as a professional engineer and structural engineer; that he had made an on-site inspection of the property and that it is structurally unsafe; that he did not think it feasible to rehabilitate this property; that he confirmed the statements of Mr. Kabala that the building is more than fifty percent deteriorated; that as far as structural features are concerned the building is both a hazard and a nuisance; that it does not comply with the plumbing and electrical standards; and that the only way to correct this structure is to demolish the building or have it removed. Mr. Coover questioned Mr. Stout with reference to his foregoing statements, and Mr. Stout stated that the wiring is deficient; that he could not distinguish between the old and new addition to the building; that the foundation is gone; and that the building is very substandard. Minutes Regular Council Meeting May 25, 1966 Page 5 In answer to questions from Attorney McDowell, Mr. Stout stated that the level of the floor being out of "kilter" would indicate a foundation failure. Dave Coover, appellant, stated that Corpus Investments, Inc. was organized for the purpose of purchasing notes; that they purchased this property; that he is trying to help Mrs. Louisa Garcia who is buying the property from his firm; that the new portion had been added and the house completely rewired in 1953; that the house was within City limits at the time and presumably complied with the City Building Code; that the house is in a deteriorated condition as are many other houses in that area; that the recent shingle work on the roof was inadequate and as a result the roof leaks and the interior walls are seriously damaged but can be repaired; that he walked through the house and the floors do not "bounce;" and that he had instructed Mr. Ramirez to secure bids for the repair of this property. Mr. Coover further stated that there was a condemnation notice on the door; that he had asked that the Staff point out the repairs that needed to be done; and that it would cost approxi- mately $1,400 to bring the house up to standard. Mr. Coover presented pictures of the building to members of the Council, and stated that Mrs. Louisa Garcia had purchased the property under contract for deed; that she purchased the house with the understanding that she would either have to repair the house or dismantle it; that her brother is a carpenter and will help to repair the house and put it in a useable condition. Mr. Coover questioned Mr. Ramirez, realtor, about the necessary repairs that should be done, and Mr. Ramirez stated that it would cost approximately $1,400 to make the necessary repairs outlined by Mr. Kubala, and that the market value of the house, after the necessary repairs are finished, should be in the neighborhood of $3,500. Mr. Coover then stated that he would be in favor of condemning the entire block but that these people did not have a place to relocate; that in his opinion the house could be repaired and brought up to standard; that Mrs. Garcia be given an opportunity to repair the house within a reasonable length of time; and that this matter be deferred until an overall program for the area is effective. Mr. Kabala advised that fifty-four houses in this area either need to be repaired or demolished; and that the owner of a building should be required to bring the building up to standard before it is sold. Minutes Regular Council Meeting May 25, 1966 Page 6 In discussing this appeal, City Manager Whitney pointed out that this is the first appeal that the Council has heard under the amended ordinance; and that the other cases applied under the old ordinance. Mayor Pro Tem Blackmon inquired about recessing the hearing, and City Attorney Singer advised that if the Council wanted to hear additional evidence, the hearing could be recessed until a certain date. Motion by Dunne, seconded by Blackmon and passed that the hearing on the appeal of ruling of the Building Standards and Housing Board regarding property at 808 Francesca Street, be recessed for further consideration. Mr. Comer suggested that Mrs. Garcia be allowed sufficient time to make the necessary repairs to the house if the Council decides the house merits re- habilitation. Mayor Furman called for the City Manager's Reports. Motion by Wallace, seconded by Dunne and passed that the City Manager's Reports, Items "a" through "j" be accepted with Item "1" being deleted; and that the recommendations and requests be approved and granted as follows: a. That the request of Hayden Sales, contractor for the West Guth Park Swimming Pool, for an extension of nineteen working days for completion of this project, be approved; In discussing this item, Commissioner McDaniel stated that he was not in favor of extending any additional time for the swimming pool itself, and Joseph Hans, architect for the project, stated that he had asked for four days for lost time during the recent rainfall, and fifteen days for construction of the wading pool which was added to the contract by Change Order; that the reason for the delay is that a special pump has to be made; that the request for extension of time is only for the wading pool itself; and that the wading pool is a separate fenced and secured area apart from the swimming pool. b. That the award of contract for construction of Sanitary Sewer Crossings for I. H. 37 be made to F. M. Thornton on the basis of low bid submitted; and that appropriation in the amount of $60,000 be authorized; c. That appropriation in the amount of $26,489 for reimbursement of general funds for engineering costs on various bond projects, for the period of February 1, 1966 through April 30, 1966, be authorized; Minutes Regular Council Meeting May 25, 1966 Page 7 d. That appropriation in the amount of $500 for payment of appraisal services in connection with Parcel No. 3 of Navigation Boulevard Improvements, be authorized; e. That the authority to initiate eminent domain proceedings for the acquisition of Parcel No. 3, Right of Way for Navigation Boulevard, Up River Road to Leopard Street, be approved; f. That the plans and specifications for Sanitary and Storm Sewer Re- locations, Midtown Traffic Exchange, be approved; and that authority to advertise for bids to be received June 15, 1966, be granted; g. That the authority to advertise for bids on forty-four Annual Supply Contracts to be opened at 8:00 a.m. June 22, 1966, be granted; h. That the date of June 1, 1966, during the regular meeting, be set for public hearing on the application of Cities Service Oil Company to construct separa- tion facilities in State Tract #62, Corpus Christi Bay; i. That the application of W. B. Dansfiell to drill their No. 1 K.R.Y.S. Wildcat, be deleted from the Agenda; j. That the Council officiAlly ratify its informal agreement to participate to the extent of approximately 37% of the cost of a proposed study of the staffing and financial needs of Memorial Medical Center. ORDINANCE No. 8027 THIRD READING OF AN ORDINANCE 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 N0. 6106, PASSED AND APPROVED BY THE CITY COUNCIL ON !VIM 29TH DAY OF MARCH, 1961, BY AMENDING, ADDING TO, DPLP ING AND MODin•Yis. SAID ZONING ORDINANCE AS HEREINAFTER SET FORTH AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. J. E. Hartle, realtor, spoke in opposition to the foregoing ordinance relative to trailer homes, and stated that he disapproved of the ordinance being written on the basis of a permit being issued for two years and renewed; that mobile home owners want to be able to improve their property, and that he did not believe the mobile home owners would put a trailer on a lot on a temporary basis of two years. Mayor Furman stated that he appreciated the foregoing statements; but that the public hearing had been closed on this matter. Minutes Regular Council Meeting May 25, 1966 Page 8 Everett Hardin spoke in opposition to the time element involved in the trailer ordinance, and stated that he owned five lots in Flour Bluff and wanted to improve his property and that he did not want to improve his property on a temporary basis. John Day, owner of two lots in the Flour Bluff area, concurred with the foregoing remarks of Mr. Hardin, and stated that the trailer parks do not have enough space; that many people want to buy their own lots so they will have sufficient apace; and that if the permits are not renewed at the end of the two-year period, the existing trailer parks would not be able to accomodate these additional trailers. City Manager Whitney explained that under the old ordinance, a single trailer permit was illegal, and that the ordinance was being amended to provide for the single trailers. Mra. Carl Bailey stated that the two-year period was not reasonable; that many people wanted to buy property and park their trailers on the property; that there is not sufficient room in the trailer parks, and urged Council to reconsider. Mrs. Everett Hardin spoke in opposition to the time limit of two years, and asked Council to reconsider. Mayor Furman explained that the two-year period was established on the basis of control; that there are many people who might not maintain their property and it would present a great problem to the City; that the ordinance is being passed to help the trailer owners; and that there would not be any problem in obtaining another permit if the property is maintained. Commissioner Wallace pointed out that in the past a permit could not be granted for a single trailer on a single lot, and that the foregoing ordinance would allow the Council to grant a permit for a two-year period, during which time further study could be made on this matter. The foregoing ordinance was read for the third time and passed finally by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 8028 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF (5' Ttn, CITY OF CORPUS CHRISTI. TO EXECUTW AN AGB wME T WITS AIRPORT PARKING COMPANY OF AMERICA WHEREBY THE SAID AIRPORT PARKING COMPANY OF AMERICA IS GRANTED THE Minutes Regular Council Meeting May 25, 1966 Page 9 RIGHT TO OPERATE THE PUBLIC PARKING FACILITT S AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance vas read for the third time and passed finally by the following vote: Furman, Blaclnnon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE N0. 8029 AUTHORIZING AND DIRECTING THE CITY MANGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH F. M. THORNTON FOR THE CONSTRUCTION OF SANITARY SEWER CROSSINGS FOR I. H. 37, PART B, OF PROJECT NO. 250-64-36.6; APPROPRIATING OUT OF N0. 250 SANITARY SEWER BOND FUND THE SUM OF $6o,000, OF WHICH AMOUNT $57,183.50 IS FOR TEE CONSTRUCTION CONTRACT AND $2,816.50 IS FOR CONTINGENCIES, INCLUDING ENGIN- EERING, LABORATORY TESTING AND LEGAL ADVERTISING; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance vas passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE N0. 8030 APPROPRIATING THE SUM OF $26,489, OF WHICH AMOUNT $14,035 IS FROM NO. 220 STREET BOND FUND, $2,012 IS FROM N0. 250 SANITARY SEWER BOND FUND, $7,101 IS FROM N0. 295 STORM SEWER BOND FUND, AND $3,341 IS FROM N0. 230 BRIDGE BOND FUND, Tag FOREGOING AMOUNTS TO SUPPLEMENT FUNDS IN stir, AMOUNT OF $6,702 REMAINING FROM FUNDS PREVIOUSLY APPROPRIAT- ED FOR ENGINEERING COSTS AND CONTINcmmar 's, APPLICABLE TO VARIOUS BOND FUND PROJECTS AS SHOWN ON THE TABULATION PREPARED BY THE ACCOUNTING DIVISION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING REIDIDURSEME T TO THE GENERAL FUND NO. 102 CURRENT FUND IN THE AMOUNT OF $33,191 FROM FUNDS HEREBY APPROPRIATED IN THE AMOUNT OF $26,489, AND PREVIOUSLY APPROPRIATED IN TRF AMOUNT OF $6,702, AND NOT HERE- TOFORE REIMBURSED DURING THE CURRENT FISCAL YEAR FOR THE PERIOD OF FEBRUARY 1, 1966, THROUGH APRIL 30, 1966; 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. 8031 APPROPRIATING OUT OF N0. 220 STREET BOND FUND THE SUM OF $500 FOR PAYMENT OF APPRAISAL SERVICES RENDERED BY HAROLD CARR REALTY COMPANY IN CONNECTION WITH PARCEL NO. 3 OF NAVIGATION BOULEVARD IMPROVEMENTS, PROJECT N0. 220-64-63; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, Mcn.•n1el, Sizemore and Wallace, present and voting "Aye." ORDINANCE N0. 8032 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, LOCATED AT 5202 NEFF LANE, IDENTIFYING THE RECORD TITLE OWNERS AS BEING RALPH W. KING AND WIFE, GLADYS FAY KING, SAID CONDEMNATION BEING NECESSARY Minutes Regular Council Meeting May 25, 1966 Page 10 FOR NAVIGATION BOULEVARD, UP RIVER ROAD TO LEOPARD STREET, PROJECT, SAID RIGHT OF WAY TO BE USED FOR PUBLIC STREET PURPOSES AND BEINGWITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO- CEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was euspended and the foregoing ordinance Was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 8033 AUTHORIZING AND DIRECTING THE CTEY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN TSE CORPUS CHRISTI RANK AND TRUST COMPANY, TRUSTEE, AND ROGER L. GAULT dba GAULT AVIATION, COVERING A COMMERCIS.HANGAR AND FIXED BASE AVIATION LEASE PLOT ON 1't4 CORPUS CHRISTI INTERNA- TIONAL AIRPORT, A cony OF SAID ASSIGNMENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule waa 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. 8034 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN AMENDMENT OF ASSIGNMENT OF LEASE BEIWEEEN CORPUS CBRISTI BANE AND TRUST COMPANY, TRUSTEE, AS ASSIGNOR, AND GULF. COAST AVIATION, INCOR- PORATED, AS ASSIGER1 , COVERING A COVERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT ON THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF WHICH AMENDMENT 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." ORDINANCE NO. 8035 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS MIST', TO ACCEPT =APPROVE AN AMENDMENT OF ASSIGNMENT OF LEASE BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND GAULT AVIATION AND GULF OIL CORPORATION COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT ON THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF SAID ANENT OF ASSIGNMENT OF LEASE 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." ORDINANCE NO. 8036 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CBRISTI,TTO ACCEPT AND APPROVE AN A ENDIE NT OF ASSIGNMENT OF LEASE BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND SCOTT BLEDSOE, JR., AND DONALD NUTTER COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT ON THE CORPUS CHRISTI IETERNATIONAL AIRPORT, A COPY OF SAID AMENCKENT OF ASSIGNMENT OF LEASE BEING ATTAcam HERETO AND MADE A PART gawp; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 25, 1966 Page 11 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 two zoning cases, during which time Commissioner Jimenez departed. Mayor Furman reconvened the meeting and announced the Council would not hold the scheduled public hearings, and explained the procedure to be followed. Mayor Finnan announced the public hearing on Application #466-8, Robert Caldwell, for change of zoning from "A-2" Apartment House District to "B-4" General Business District on the South 1/2 of Lot 4, East of Broadway, Block "G", Rayne Tract. Laura Copeland, Zoning Coordinator, located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held April 26, 1966, the applicant appeared in favor of the application, stating that he r=ally desired a special permit for a miniature golf course and re- quested "B-4" zoning to get the application before the Commission; that two persons appeared in opposition to this application; that eleven letters were sent out, and no returns were received in favor and three returns were received in opposition; and stated that the recommendation of the Zoning and Punning Commission was that the application be denied, but in lieu thereof, a Special Permit for a miniature golf course be granted, subject to "A-2" Apartment House District zoning restrictions and for a period of two (2) years. Robert Caldwell, applicant, spoke in favor of his application, and read a statement requesting that a special permit be granted for a miniature golf course on the basis that the property is located on a bi11side which would make the property undesirable for any other type of operation; that the property would be fenced and maintained; that lie did not intend to create a nuisance or disrupt church services; that the entrance to the golf course would be on Water Street for the parking facilities; that he did not propose any off-street parking; and that the opposition to his application is based on the location of a business in this particular area. Max J. Luther III, attorney representing the Church of the Good Shepherd, spoke in opposition to the application, and stated that the Church and St. James School has a building that is worth approximately one million dollars; that an Minutes Regular Council Meeting May 25, 1966 Page 12 expansion program is planned in the near future, and that the area is unsuitable for any business and would be detrimental to the Church and School. Mr. Luther further stated that parking facilities are not adequate; that it will create a traffic hazard; that there are not any proposed plans for off-street parking; that this type of busi- nese is mot compatible with the neighborhood; and urged the Council to deny this application. Dave Coover, attorney representing Morris Lichtenstein, Jr., owner of the Cliff House, spoke in opposition to the application, and stated that the tenants in the Cliff House objected to a golf course in this area; that it is not compatible with the neighborhood; that parking facilities are not adequate, and urged the Council to deny this application. In answer to questions from the Council, Mr. Caldwell stated that he did not have any plans for off-street parking as he did not think it would be necessary; that the area would be fenced and the entrance would be on Water Street, and that he has access to the lot across the street from his property and would be able to use it. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Commissioner Wallace stated that this area is an apartment house district and that to grant a special permit in this area would be spot zoning, and that the application should be denied. Motion by Wallace, seconded by Dunne and passed that the foregoing request be denied. Mayor Furman announced the public hearing on Application #466-9, City of Corpus Christi, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on all of Blocks "A" and "B" and Lot 1, Block "C", Parkdale Vt 7 t age Annex. Laura Copeland located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held April 26, 1966, Tom McDowell, Assistant City Attorney, presented the request for the City; that no one appeared in opposition; that twenty letters were sent out, and two returns were received in favor and none in opposition; that two letters were received in favor after the Commission I,.tirtng; and stated that the recommendation of the Minutes Regular Council Meeting May 25, 1966 Page 13 Zoning and Planning Commission was that the application be approved on the basis that such approval will create a zoning continuity in this area. No one appeared in connection with this application. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace, seconded by Blackmon and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the change of zoning from "B -l" Neighborhood Business District to "B-4" General Business District on all of Blocks "A" and "B" and Lot 1, Block "C", Parkdale Village Annex, be approved, and that an ordinance be brought forward effectuating this change. There being no further business to come before the Council, the meeting was adjourned. I, McIver Furman, Mayor of the City of Corpus Christi, Texas, certify that the foregoing mimutes, same being for the period of May 4, 1966, through May 25, 1966, inclusive, and having been previously approved by Council action, are by me hereby approved. 7/1409,0 MCIVER FURMAN, Mayor City of Corpus Christi, Texas