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HomeMy WebLinkAboutMinutes City Council - 06/08/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 8, 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 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 Jimenez, seconded by Blackmon and passed that the minutes of the regular meeting of June 1, 1966, at 2:00 p.m., be approved as furnished to the Council. Mayor Furman read and presented a proclamation proclaiming the dates of June 17, 18 and 19, 1966, as NAVY FESTIVAL DAYS in the City of Corpus Christi, and urging the people to support, cooperate and patronize the Navy Relief Festival. Captain Frank De Lorenzo, Commanding Officer of the Naval Air Station, and Commander Richard Shafer, General Chairman of the 1966 Navy Relief Festival, accepted the proclamation on behalf of the Navy, and extended an invitation to the Council to be present on Saturday, June 18th, at 2:30 p.m., to participate in the "birthday ceremony.' Mayor Furman read and presented Certificates of Attendance to Boy Scouts Gage Runt, Richard Ogle, and Tommy Yturri of Troop 162, and expressed appreciation for their interest in governmental and civic affairs. Mayor Furman announced the opening of bids. Bide were opened and read for the construction of Ramp Extensions at the Corpus Christi International Airport, from the following: FOWC0 Construction Company and Heldenfels Brothers. 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 for the purchase of Library Chairs for the Greenwood Branch Library, from the following: American Stating Company; Library Bureau -Remington -Rand; and Taylor Manufacturing Company. Minutes Regular Council Meeting June 8, 1966 Page 2 The foregoing bids were tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Furman called for the City Manager's Reports. Motion by Dunne, seconded by Jimenez and passed that the City Manager's Reports, Items "a" through "h" be accepted; and that the recommendations and requests be approved and granted as follows: a. That the acceptance and final payment of Estimate No. 7, in the amount of $17,773.84, to Burtex Constructors, for construction of Interceptor Sewer Line 27A, Section 1, be approved; b. That the auditing firm of Doughty and Company be employed as Independent Auditor for the fiscal year ending July 31, 1966; c. That an assignment agreement between the Corpus Christi Bank & Trust Company, Trustee, and Ernest Eason, for a two-year extension of the term lease for restaurant facilities at the Corpus Christi International Airport, with two one- year options, be approved and accepted; d. That the date of June 22, 1966, during the Regular Council Meeting, be set for public hearing on the application of Roes Wagner to close a portion of Roaches Road; e. That the date of June 15, 1966, during the Regular Council Meeting, be set for public hearing on the application of Southern Coast Corporation for a permit to drill its May Humphrey #7 Wall, in Saxet Field; f. That the authority to advertise for bids to be received on June 29, 1966, for construction of Section I of Interceptor Line 34A extending from the Allison Treatment Plant to its intersection with Line 29A and 740 feet of 29A up to the Package Treatment Plant, be granted; g. That the employment of Charles R. Lummus as Personnel Director, to replace Ben Franklin who recently resigned, be approved; h. That the agreement with the State Department of Public Welfare for participation in the Title V Program, concerning the providing of facilities for a program of training of persons for trades and occupations; be approved. Mayor Furman called for a motion to amend the ordinance (Ordinance "a") granting a franchise to Eli Abrams, before being read for the third time. Minutes Regular Council Meeting June 8, 1966 Page 3 Motion by Blackmon, seconded by Wallace and passed "amending the ordinance granting to Eli Abrams, dba Courtesy Advertising Company, a franchise to construct, erect and maintain benches along the routes of buses and other public conveyances in the City of Corpus Christi, said ordinance having been read at two regular Council meetings, the amendments to read as follows: Amending the ordinance granting to Eli Abrams, dba Courtesy Advertising Company, a franchise to construct, erect and maintain benches along the routes of buses and other public conveyances in the City of Corpus Christi, said ordinance having been read at two regular Council Meetings, the amendments to read as follows: 1. Change the term of the franchise from five years to one year. 2. Section 4, insert at the end of the fourth line the words "as determined by the Traffic Engineer," and the succeeding sentence to read as follows: "Such benches shall not be placed at any other location and in particular not be placed at any location where they may constitute a hazard to safety or an impediment to traffic." 3. In Section 4, the sentence beginning on the ninth line thereof and the remainder of the paragraph referring to other grantees of other bench franchises, be and the same is hereby deleted. 4. At the end of Section 4, concerning the City's right to eliminate bus benches from certain locations, adding the phrases "any or all" and "or other reasons sufficient to the Traffic Engineer stated to Grantee in the order of removal", said last sentence to hereafter read as follows: "The City reserves the right upon 30 -days' written notice to Grantee from the City's Traffic Engineer to eliminate any or all bus benches from certain locations when in the Traffic Engineer's opinion such removal is necessary to install bus stop or related improvements or other reasons sufficient to the Traffic Engineer stated to Grantee in the order of removal," 5. Section 5, add the following at the beginning of said Section: "At any time during the franchise period or". Add the following after the first sentence in the first paragraph: 'Purchase of such benches by City shall automatically terminate this franchise." 6. In Section 5, paragraph 3, insert the following words; "at the end of the franchise period", following the first word, concerning the removal of the benches from the present locations. Minutes Regular Council Meeting June 8, 1966 Page 4 7. In Section 6, add the following sentence to said section: "The face of the advertisement shall in no event exceed 2' x 6'." 8. In Section 7, inserting the words "Collection Section of the Finance Department" in lieu of "Tax Assessor -Collector" as the designated office to receive payments for and on behalf of the City. ORDINANCE NO. 8046 THIRD READING OP AN ORDINANCE GRANTING TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, A FRANCHISE TO CONSTRUCT, ERECT AND MAINTAIN FOR A PERIOD OF FIVE YEARS AT LOCATIONS ON THE ROUTES OF BUSES AND OTHER PUBLIC CONVEYANCES IN THE CITY OF CORPUS CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND EMPLOY THE STEEETSIDE THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR PAYMENT OF A PERCENT OF THE GROSS RECEIPTS TO THE CITY; PROVIDING FOR THE DESIGNATION OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID BENCHES; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY AND GRANTEE AND THE PUBLIC; CONTAINING PROVISIONS FOR FORFEITURE OF THE FRANCHISES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE ASSIGNMENT OF SAME, SAID FRANCHISE NOT TO BE EXCLUSIVE. Eli Abrams, representing Courtesy Advertising Company, stated that he accepted the terms as set forth in the foregoing ordinance, and asked if this could be made to conform with the calendar year to make the franchise for one year and three months. Mrs. James C. Scott, representing OPUS, Inc., read a communication urging the City Council to stipulate in the franchise that all bus benches will comply with the zoning regulations for the area which they abutt, and stated that the bus benches are a public service "and not an advertising purpose." (Council Exhibit #66-4 ) City Attorney Singer advised that, in accordance with the City Charter, the franchise would actually be for fourteen months, Charter providing that it shall not become effective days following final adoption. due to a provision of the until the expiration of 60 The foregoing ordinance was read for the third time and passed finally, as amended, by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." SECOND READING OF AN ORDINANCE GRANTING TO RAY PETERSON A FRANCHISE TO USE PORTIONS OF THE ALLEY RUNNING THROUGH BLOCK 15, CUIPER ADDITION, AT THE POINTS WITHIN THE LIMITS HEREIN SET FORTH FOR THE INSTALLATIONS OF REFRIGERATION EQUIPMENT AND APPLI- ANCES; PROVIDING FOR FORFEITURE OF THE FRANCHISE IN CASE OF FAILURE ON THE PART OF THE GRANTEE TO OBSERVE THE TERNS AND RESTRICTIONS OF THE ORDINANCE SETTING OUT THE TERMS AND CONDITIONS THEREOF; AND PROVIDING FOR PUBLICATION. That the foregoing ordinance was read for the second time and passed to its third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, Minutes Regular Council Meeting June 8, 1966 Page 5 McDaniel, Sizemore, and Wallace, present and voting "Aye." RESOLUTION NO. 8047 RECOGNIZING THE POPULATION OF THE CITY OF CORPUS CHRISTI, TEXAS, AS BEING 204, 850 PERSONS AS OF JANUARY 1, 1966; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoingresolution was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye." ORDINANCE NO. 8048 RECEIVING AND ACCEPTING CONSTRUCTION OF INTERCEPTOR SEWER LINE 27A, RECTION I, PROJECT N0. 250-64-36.7, AS PERFORMED BY THE CONTRACTOR, BURTEX CONSTRUCTORS, UNDER THEIR CONTRACT DATED SEPTEMBER 29, 1965, AUTHORIZED BY ORDINANCE NO. 7727; AUTHORIZING PAYMENT OF FINAL ESTIMATE N0. 7, DATED APRIL 30, 1966, IN THE AMOUNT OF $17,773.84, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 250 SANITARY SEWER BOND FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye." ORDINANCE N0. 8049 APPROPRIATING OUT OF NO. 220 STREET AND BOND FUND THE SUM OF $3,290 FOR ADDITIONAL JUDGMENT AWARD, APPRAISAL AND EXPERT WITNESS TESTIMONY AND COURT COSTS, ALL IN CONNECTION WITH THE CROSSTOWN EXPRESSWAY PROJECT, N0. 220-56-24.3, APPLICABLE TO PARCEL N0. 485, CAUSE N0. 483, 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." ORDINANCE NO. 8050 APPROPRIATING AND REAPPROPRIATING OUT OF ACTIVITY N0. 4181, CODE 501, BAYFRONT SCIENCE PARK, THE SUM OF $72,900.00 FOR ACQUISITION OF PARCELS 9, 15, 16 AND 19, OWNED BY WAYNE JOHNSON, ET AL, SAID SUM HEREBY APPROPRIATED AND REAPPROPRIATED TO INCLUDE COMMISSIONERS' AWARD, APPRAISER'S FEES, SPECIAL COMMISSIONERS' FEES, APPRAISAL AND EXPERT WITNESS TESTIMONY AND COURT COSTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDani61, Sizemore, and Wallace, present and voting "Aye." ORDINANCE N0. 8051 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND STATE DEPARTMENT OF PUBLIC WELFARE CONCERNING THE PROVIDING OF FACILITIES IN CORPUS CHRISTI FOR A PROGRAM OF TRAINING OF PERSONS FOR TRADES AND OCCUPATIONS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting June 8, 1966 Page 6 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." THE FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO APPROVE AND ACCEPT AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND ERNEST EASON, COVERING THE RESTAURANT FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL . AIRPORT, A COPY OF SAID ASSIGNMENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. . The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye." Mayor Furman declared a brief recess before the scheduled public hearings on four zoning cases, during which time Mayor Pro Tem Blackmon departed, 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 4#466-7, James P. Charnquist, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, on Lots 1 through 64, Block 415, Port Aransas Cliffs. 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, Mr. J. W. Gary, representing Seabrook Development Company and Sage Investment Corporation, spoke in favor of this request and stated that the zoning request for "R-2" Two-family Dwelling District was made in order to accommodate a Townhouse development in this area; that six other persons spoke in favor of this request; that nine persona spoke in opposition to this request; that fifty-seven letters were sent out, two returns were received in favor, sixteen returns were received in opposition, and two returns were received conditionally in favor of a Special Permit for a Townhouse; and that since the Commission hearing, one return was received in opposition and three returns were received conditionally in favor of a Townhouse. Miss Copeland stated that the Zoning and Planning Commission tabled this request for two weeks; that on May 10, 1966, the Zoning and Planning Commission recommended that the request be denied but in lieu thereof a Special Permit be granted for the construction of a townhouse complex, according to complete Minutes Regular Council Meeting June 8, 1966 Page 7 plans (construction and site plans) as presented to and amended by the Planning Staff; subject to a replat of the property; and it is further recommended that the project be completed within two years of the date of passage of the Ordinance. Robert G. Connor, representing Seabrook Development Company, appeared in favor of the request, and presented detailed drawings of the greenway and site plans, proposed elevation sheets and photographs of streets surrounding the property; and showed color slides by the National Association of Home Builders on the townhouse development in different sections of the United States. J. W. Gary, attorney representing Sage Investment Corporation, presented letters from Milton R. Gips, 3555 Monterrey Street, and Joe E. McManus of Fred Quaile Realty Company, in favor of the condominlm Town Rouse Development. Mr. Gary stated that there is some question as to whether this particular townhouse use will be compatible with the use of the surrounding area; and that taking into consideration the situation as it presently exists, the development around the area, the fact that Santa Fe Street is a major thoroughfare, and the pressure that is currently being put upon citizens to make a more concentrated and modern approach of the use of the land, that it is, in his opinion, a compatible use for this particular area. Mr. J. E. Powell, 3512 Santa Fe Street, appeared in favor of this request, stating that his property is across the street from the proposed project; that he had studied the request and thought it would enhance the area. Reverend W. Oliver Harrison, Minister of First Christian Church, Lots 1 through 6 and 59 through 64, Block 414, Port Aransas Cliffs, appeared in favor of this request, and stated that if the plans he has seen are followed through, it would be a very great addition to the area and within the scope of their approval. Commissioner Wallace inquired about the approximate size of the apartments and the rental; and Mr. Connor replied that the average size of the apartments varied from 1800 to 2200 square feet; that the apartments are not for rent but are to be sold as homes; and that the price of the apartments varied from $26,500 to $37,000. Dr. R. 0. Beet, 3544 Santa Fe Street, appeared in opposition to this request, and stated that the fence that will surround this townhouse was not shown, and asked if these units will be built to the size stipulated and if they would be rented as duplex apartments. Dr. Best further stated that this area is a fine residential area; that he had spent numerous funds in improving his home as had many other people; that he would like to continue living on Santa Fe but would sell his house Minutes Regular Council Meeting June 8, 1966 Page 8 if the request is approved; that it is a case of spot zoning, and urged Council to deny this request. Jack White, attorney representing several property owners in this area, appeared in opposition to this request, and stated that on May 10, 1966, he filed a petition with approximately forty names opposing this request, representing more than sixty percent of property owners in the area within two hundred feet of the subject property; that in addition he had another list of sixteen property owners, that are not within the two hundred feet but are in the immediate area, opposing this request; that the people who oppose this project own their homes immediately adjacent to the subject property and will have to live across the street and face this project. Mr. White further stated that this project would have a blank wall one block long; that there would be four openings for automobiles; that this is an area zoned for 11.-1" residences; that these property owners are directly involved; and that the property owners in the immediate neighborhood must be considered. Mr. White pointed out that the area needs to be developed for Single family residences, and asked that, on behalf of the property owners involved, the request b :denied, W. G. Noonan, 3462 Santa Fe Street, appeared in opposition to'the request, and stated that he concurred with the foregoing remarks, and added that the request would create an apartment district which would add to the population density v. of this tract; that adequate off-street parking has not been provided; and that a precedent would be set for building apartments. Jay Ferrell, 3545 Monterrey, appeared in opposition to the request, and stated that he opposes the request as it will create a traffic problem, and inquired as to why the value of these units has changed from $25,000 to $50,000 to a value of $26,500 to $37,000. Mrs. G. Cavazos, 3551 Monterrey, appeared in opposition to the request, and stated that she moved there because she wanted a quiet neighborhood; that she did not want forty-nine neighbors and she did not want the fence; that Monterrey Street would be nothing but a service entrance for this project; that there is no plan for off-street parking; and that they would only see the back of the units and not the front of them. Mayor Furman inquired about the reduction of cost of these units, and Mr. Connor replied that the large units in the $50,000 price range were planned on Minutes Regular Council Meeting June 8, 1966 Page 9 3741 -foot wide frontage and are now going to be one -Story units. and that the adjustment from $25,000 to $26,500 was a re -adjustment due to the present tremendous rise in construction cost. Commissioner McDaniel inquired about the size of the lots, and Mr. Connor replied that the tract is subdivided into sixty-four twenty --five foot lots. Mr. Gary pointed out that two parking spaces per unit will be provided inside the fenced area as well as adequate turn -around area; that there are six exits on Monterry Street; and that there would be more parking facilities than is customarily provided for one -family residences. Commissioner Wallace asked if there were any figures on the approximate valuation of the houses across the street from the proposed project, and if the units would be more expensive, and Mr. Gary replied that the area hag not developed and that if unite were built that are compatible with the neighbors in the front they would not be compatible With the neighbors in the rear, and that it is a compromise in the sense that it is a land use consistent with the land being used as of this date. Dr. Best asked if there would be any stipulation that these private - owned apartments would not later be rented as apartments, and Mr. Gary stated that the unite ware proposed to be sold and that there would not be any stipulation. Commissioner Wallace asked if the City could stipulate that the units could not be rented, and City Attorney Singer advised that if a Special Permit wave granted, restrictions could be get out in the permit. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Jimenez, seconded by Wallace and passed that the request of James P. Charnquist be tabled for further consideration at the Workshop meeting Tuesday evening. Mayor Furman announced the public hearing on Application #566-1, Mrs. Odilia T. Cavazos, for change of zoning from "R -LB" One -family Dwelling District to "B -l" Neighborhood Business District on Lot 37, Block 15, Cuiper Addition. 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 May 10, 1966, the applicant, Mrs. Odilia T. Cavazos, appeared in favor of this request, Minutes Regular Council Meeting June 8, 1966 Page 10 stating that she requested the change in zoning to permit her to locate her beauty shop on the back portion of the lot; that six persons spoke in opposition to this request; that Mrs. Cavazos presented a petition with eighteen names in favor of the requested change; that twenty-three letters were sent out, one return was received in favor and six returns were received in opposition; that since the Commission hearing one return was received in favor and two returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the request be denied on the basis that approval would constitute encroachment of business into a residential area. Mr. Eduardo E. de Ases, attorney for the applicant, distributed copies of a brochure to members of the Council, outlining the request, and stated that Mrs. Cavazos is presently engaged in operating a beauty shop on Cuiper Street; that the beauty shop is some distance from her home and that she wanted to operate her business on the same lot with ser home in order to work closer to home where she can supervise and care for her seven children; that she is the sole support for her children; that the applicant would accept a Special Permit, and that the applicant is willing for the zoning change or Special Permit to apply only to the rear portion of the subject property. Mr. de Ases pointed out on a diagram that the rear portion of the lot could be divided into diagonal parking space for at least twelve automobiles, but that he could not see any necessity for this many parking spaces as Mrs. Cavazos conducted her business on an appointment basis only, and had only three chairs in her beauty shop; that there would not be any need for automobiles to utilize the area on Horne Road or Carlton Street; that the proposed change is not contrary to established land use pattern; that it does not constitute spot zoning; that the change would not affect population density nor increase the load on public facilities; and reiterated that the change applies only to the rear portion of the lot. Mr. W. G. Kelly, 4015 W. Vanderbilt, spoke in opposition to the foregoing request on the basis that the subject property is not a business lot and the business would create additional traffic hazards. Mr. James A. Robbins, 4109 Carlton street, representing several property owners in the immediate vicinity; spoke in opposition to the foregoing request, Minutes Regular Council Meeting June 8, 1966 Page 11 and presented a list of names of persons in opposition to this change. Mr..Robbins stated that he plans to retire in a year or two and that he did not want a business in this area. Mre. Edwin M. Harris, 4035 West Vanderbilt, spoke in opposition to the request on the basis that the area is overcrowded and congested now, and that it would create additional traffic and parking problems. Mrs. E. C. Davis, 4102 Carlton Street, spoke in opposition to the request, and stated that she lives directly across the street from the subject property and does not wish a business to be located in a residential area; that Mrs. Cavazos advertises that she is open for business seven days a week; that it would create parking problems; thatthe neighborhood is a quiet area and would be disturbed with a business located there, particularly on Sundays; and that most of the property owners in this vicinity are opposed to this request. Mrs. James A. Robbins, 4109 Carlton Street, spoke in opposition to the request on the basis that the traffic is very heavy and congested in this area at the present time, and would be increased if the request is granted. Mr. de Ases spoke in rebuttal to the foregoing remarks in opposition, and submitted a letter from a property owner on Horne Road in favor of the request, and stated that he did not believe this type of business would create dissension and hard- ship among the people; that Mre. Cavazos would not ask for a change that would affect the welfare of her children; and that adequate parking area has bean designated for parking. Motion by Sizemore, seconded by Wallace and passed that the hearing be closed. Motion by Jimenez, seconded by Dunne and passed that the request of Mrs. Odilia T. Cavazos be tabled for further consideration at the Workshop meeting Tuesday evening. Mayor Furman announced the public hearing on Application #566-2, Brown & Root, Inc. and Mr. E. M. Fox, for change of zoning from "F -R" Farm -Rural District to "1-2" Light Industrial District on Lots "B" and "C", Tract 14, and Lot 14D, Lokey Subdivision. 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 May 10, 1966, Minutes Regular Council Meeting June 8, 1966 Page 12 Mr. E. M. Fox appeared in favor of this request, speaking for himself and Brown & Root, Inc., and stated that he wished to make his property conform with the Zoning Ordinance, and that insofar as he knew, Brown & Root has no immediate plans for their property but that he proposed to sell his property to a man who intends to raise show dogs and the sale is contingent on the zoning change; that three persons spoke in opposition; that nine lettere were sent out, and no returns were received in favor or in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be denied on the basis that this is an area which would be more suitably used as a residential area. Mr. James Klager, attorney representing Mr. E. M. Fox, appeared in favor of the request, and pointed out on a map the various business and industrial zoning in the area; and stated that this is a reasonable request; that it is not spot zoning and conforms with the other uses in this vicinity; that a dog kennel was established on this property prior to annexation by the City and that the property is well suited for the purpose of raising show dogs; and that the request should not be denied. Mr. Bob Williams, representing Brown & Root, Inc., appeared in favor of the request, and stated that Brown & Root purchased this property several years ago for business purposes; that at the present time part of the tract is being used for their main office facilities; that Brown i. Root is a construction company and they are not in the real estate business and are not speculators in land; that the tracts were purchased for expansion use and expansion use only; that they have not considered selling this property; and that part of their tract ie zoned for light industry. Mr. Williams further stated that Mr. Fox contacted Brown is Root and asked them to concur in the request which they did; that Mr. Fox stated that he did not believe there would be any difficulty in changing the classification; that they were unaware that the area was to be used for future subdivision residential purposes; and that he believed the other lots should have been zoned for light industry. Mr. E. M. Fox appeared in favor of the request, and stated that he had checked with four residential building concerns and they advised him that the tract is too small to be used for residential subdivisions; that he has a written contract with an individual to purchase this property which would be an improvement; that as long as he owned the property it would be used for rental purposes; that the purchaser Minutes Regular Council Meeting June 8, 1966 Page 13 of his property proposed to build a redwood fence around the entire portion next to Dr. Bill Cullen's property, and around the back of the kennels which would hide the kennels from Dr. Cullen's view; and that this change would be an asset and not a hindrance to the area. Mrs. Shawnfield appeared in favor of the request, and stated that she and her husband want to purchase the property for the purpose of raising and breeding dogs; that the location is very good for this purpose; that they would improve the property; and that they would not interfere with Dr. Cullen'a home in any way. Dr. Bill Cullen, owner of Lot 13A, Block 13, Lokey Subdivision, appeared in opposition to this request, and stated that he did not have any opposition to dogs but that it is a case of zoning; that he purchased this property where his home is located about five years ago for residential purposes; that he did not wish to be a buffer zone; that there are other areas more suitable for industrial zoning; and that he is against industrial zoning in this area. Dr. Cullen submitted pictures of the existing businesses in this area to members of the Council. Mr. Richard Hatch, attorney, appeared in opposition on behalf of Dr. Cullen, himself and members of his family, who own nearby property, and stated that he under- stood that the purpose of the zoning laws were to protect property value and help to facilitate an orderly growth of a city; that there is more than sufficient industrial zoned property in this City that is not being used; that the area is surrounded by residences; and that it would be a tragic error to rezone this property for industrial purposes. Mr. Hatch further stated that Mr. Fox found a purchaser for this property subject to industrial zoning; that he did not have a specific use in mind; that Brown 4 Root only replied to Mr. Fox's letter that they did not have any objection; and urged the Council to concur with the recommendation of the Staff and the Zoning and Planning Commission and deny this request. In rebuttal, Mr. Klager stated that industrial zoning is in the area already; that a buffer zone has been established; that he understood the plight of Dr. Cullen but that it is not a problem; that the dog kennels were on the property when the doctor purchased his property; and that the request for change of zoning is a reasonable request. Minutes Regular Council Meeting June 8, 1966 Page 14 Mr. Williams stated that the doctor had overbuilt in this area; that he had surveyed the area and in the entire block to the east he could not find one other residential house that had been built in this area. Mr. Fox remarked that he had searched the tax rolls and could not find any property being listed as owned by Mr. Batch in this area; and that the John F. Ewald's property, which Dr. Cullen stated he owned, was not under his name on the tax rolls. Commissioner Sizemore asked if a Special Permit would be acceptable, and Mr. Batch stated that a Special Permit was not needed to raise and sell dogs, and that if the Council desired to grant a Special Permit for this purpose he had no objection. Motion by Wallace, seconded by Dunne and passed that the hearing be closed. Motion by Sizemore, seconded by Wallace and passed that the request of Brown & Root, Inc. and Mr. E. M. Fox be tabled for further consideration at the Workshop Meeting Tuesday evening. Mayor Furman announced the public hearing on Application #566-4, Warren Smith, for change of zoning from "AB" Professional Office District to "B-1" Neighbor- hood Business District on Lots 16 and 17, Block 7, Del Mar Addition. 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 May 10, 1966, the applicant, Mr. Warren Smith, appeared in favor of the request, stating that his mother intends to move into this home and operate a email antique shop on the property; that two other persons appeared in favor of this request; that three persona appeared in opposition to this request; that twenty-eight letters were sent out, and two returns were received in favor and four returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be denied on the basis that approval would eliminate an existing buffer between a well established residential area and an existing business zoning. No one appeared in favor of this request. Mr. William Woolsey, attorney representing Mr. M. L. Taylor, owner of Lot Minutes Regular Council Meeting June 8, 1966 Page 15 15, Block 7, Del Mar Addition, spoke in opposition to the request, and stated that the applicant proposes to build a loop driveway around a residence with parking facilities next to Mr. Taylor's bedroom; that this is very undesirable; and requested that the application be acted upon today and that the application be denied. Mrs. Kate A. Olsen, owner of Lot 18, Block 7, Del Mar Addition, appeared in opposition, and stated that 'B-1" zoning should not be adjacent to residential zoning, and that it is a case of spot zoning. Motion by Wallace, seconded by Dunne and passed that the hearing be closed. Motion by Wallace, seconded by Dunne and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 16 and 17, Block 7, Del Mar Addition, be denied. Mr. Charles Hutchinson, District Manager for AtlanticRichfieldCompany, acting as spokaman for Atlanticnich£ieldCompany, Cities Service Oil Company, Sunray DX Oil Company, Tidewater Oil Company, Humble Oil 4 Refining Company, Pan American Petroleum Corporation, Standard Oil Company of Texas, Sun Oil Company, and Coastal States Gas Producing Company, presented members of the Council with copies of a letter, signed by the representatives of the foregoing oil companies, setting forth a concrete proposal, with respect to the proposed annexation of additional areas in Corpus Christi Bay and the Laguna Madre, proposing that these areas be designated as an Industrial District which will be subject to any duly enacted and valid ordinance of the City of Corpus Christi governing the exploration, drilling and production of oil and gas or either of them in Corpus Christi Bay, and providing the City with all of the control and power over oil and gas operations in the water areas. (Council Exhibit #66-3) Mr. Hutchinson stated that Mr. Jerry Sadler, Commissioner of the General Land Office, had been contacted and had indicated that he approved in principle the foregoing proposal, but that he did not have any written approval from Mr. Sadler. In answer to a question from Commissioner Jimenez, Mr. Hutchinson advised that the State of Texas would neceaaarily,bave to be a part of any contract between Minutes Regular Council Meeting June 8, 1966 Page 16 the City and the oil companies as the State owns the submerged lands involved. Commissioner Wallace stated that if the City were to annex these areas by vote, the State would then be bound by whatever laws are in existence; that if an industrial district is created this would not be so; and that he could not see any reason why the State would not enter into such agreement. Mayor Furman stated that the primary purpose for establishing a City limits line was for control of seining in the Bay, and inquired about the trawling for shrimp which is governed by the Texas Shrimp Conservation Act of 1963. Attorney M. Harvey Weil explained that the Texas Shrimp Conservation Act specifically names Corpus Christi Bay as one of the major bays, and that the trawling of shrimp is governed by this Act; that if it is necessary to mark the city limits the oil companies would be willing to pay for the initial installation of such markers; and that the control of the entire bay might be better handled by a joint control with the Commissioners Court of Nueces County under the Texas Water Safety Act. Commissioner Jimenez asked if the Parks and Wildlife Commission had been contacted, and City Manager Whitney advised that they bad been contacted some time ago, and at the time, their position was that they would not enforce regulations unless the city limits were marked. Approximately twenty-five persons were present in support of the foregoing proposal submitted by the nine oil companies. Minor Culli, property owner in the Ingleside area, spoke in opposition to the foregoing proposal, and stated that if the oil companies wanted to be citizens of this community they should be willing to pay taxes on the leases they hold in the waters of the bay; that the industries were ruining the tourist industry with the wells and platforms in the bay; that it would be expensive to mark the city limits; that the proposed election for annexation of additional territory in the bay should be held in order to control what goes into the bay and how it goes in and to collect taxes; that the oil companies do not have the right to tell the City what it should do; and that in view of what has transpired and in the interest of the City, he thought that Mr. Hutchinson and Mr. Priebe should be asked to resign from the Bay Drilling Committee. Minutes Regular Council Meeting June 8, 1966 Page 17 Commissioner McDaniel stated that be thought Mr. Culli was out of order, and Mayor Furman ruled Mr. Culli out of order. Mr. Weil stated that the people of the oil industries are good citizens of this community; that they are large taxpayers in this community; and that they appeared before the Council in good faith, and made a proposal in good faith, which will enable the City to carry out the necessary powers without the additional burden of taxes for services that are not received. Mr. Weil further stated that the proposal is a fair proposal and is in the public interest, and that the oil companies are ready to negotiate this contract. Mrs. James C. Scott, representing OPUS, Inc., registered a protest and stated that the depletion of resources places upon them a particular burden and responsibility. Commissioner Wallace stated that there is a difference between the land the City annexed a few years ago and the proposed annexation; that the City bas the obligation to do so and will eventually provide services for that area; that there is no way that the City will be able to provide services for the area in question, i.e. the bay; that the oil industry is perhaps the largest taxpayer in the State of Texas and this City; that the oil industry pays a large tax to the City, both in the Bay and in real estate they own; that the oil industry is what has helped to make Texas a great state, and that the people of the oil industry are excellent citizens. Mr. Wallace further stated that there is no way the City can provide services for taxes rendered in this case, and in his opinion, if the City can exercise supervision by other means, it would be dishonest, although entirely within the authority of the Council, to call an election and that he is opposed to it. Motion by Wallace, seconded by Sizemore that the City enter into a contract with the owners of property within this area of the Bay, to create an Industrial District, and that the proposed election on annexation of certain bay areas, for June 25th, be withdrawn. Mayor Furman stated that he would like to request that action be deferred on this; that he is not entirely satisfied with all the answers; that there is still sufficient time to withdraw the proposed election; that he would like for the Council Minutes Regular Council Meeting June 8, 1966 Page 18 to discuss this more thoroughly; and that he would have to oppose the foregoing motion. Commissioner Wallace stated that he would be in favor of tabling the foregoing motion. Motion by McDaniel, seconded by Dunne and passed that the foregoing motion of Commissioner Wallace be tabled for further discussion. Mayor Furman pointed out that the Council has not made a decision on this matter at the present time. City Manager Whitney presented the following ordinance for the Council's consideration: ORDINANCE NO. 8052 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES TRANSPORTATION COMPANY CONCERNING THE ACQUISITION OF PROPERTY AND EQUIPMENT OF SAID NUECES TRANSPORTATION COMPANY, ALL AS SET OUT IN SAID CONTRACT, A COPY OF WHICH I5 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, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon absent. Mr. Whitney explained the contract involved and stated that the contract would not be executed until clearance from the Federal Government has been received, and that the ordinance authorizes and directs him to execute the contract; and reiterated that the contract would not be executed until clearance has been received from the Federal Government. There being no further business to come before the Council, the meeting was adjourned.