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,
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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,
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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.