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HomeMy WebLinkAboutMinutes City Council - 06/22/1966PRESENT: Mayor McIver Furman Commissioners: Patrick J. Dunne Ken McDaniel Ronnie Sizemore Wm. H. Wallace MINUTES REGULAR COUNCIL MEETING June 22, 1966 2:00 p.m. 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 Reverend Charles E. Faires, Jr., pastor of Bethany Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Dunne, seconded by Sizemore and passed that the absence of Commissioners Jimenez and Blackmon be excused for cause. Motion by Sizemore, seconded by Dunne and passed that the minutes of the regular meeting of June 15, 1966, be approved as furnished to the Council. Mayor Furman recognized Michael Jones of Troop 8, Boy Scouts of America, presented him with a Certificate of Attendance, and commended him for his interest in governmental affairs. Mayor Furman announced that a vacancy existed on the Traffic Safety Advisory Board created by the resignation of Sigmund Henry, and nominated Michael Mahaffey to fill the vacancy. Motion by Dunne, seconded by Sizemore and passed that Michael Mahaffey be appointed to serve the unexpired term of Sigmund Heury on the Traffic Safety Advistory Board. Mayor Furman announced the public hearing on the application of Ross Wagner for the closing and abandonment of a portion of Roscher Road which forms the east boundary of Lot 2, Section 37, Flour Bluff & Encinal Farm and Garden Tracts. City Manager Whitney described the location of the street proposed to be closed; stated that a plat had been furnished by the applicant; that Roscher Road is dedicated but that it has never been maintained by the County or City; and that affected City departments had been contacted and that no objections had been interposed to the closing of this street. Mr. J. B. Trimble, attorney, spoke in behalf of the applicant and stated that Mr. Wagner's request is to temporarily close the portion of the street in question rather than a permanent abandenweut; that suc'^.a temporary closing will be effectuated by the Minutes Regular Council Meeting June 22, 1966 Page 2 building of a fence across the southern end of such portion sought to be closed; that Mr. Wagner is the owner of all the land abutting upon the entire portion, being approximately 265 acres which is inclusive of Lot 2 of Section 37 which lies to the west of that portion of Roscher Road; that only one other owner of property is located within 450 feet, such owner being Mr. Clarence F. Roscher, 1417 Cambridge Street; he further stated that the abandonment of this street could not in any way adversely affect the public since it has never been opened to the public and is entirely surrounded by land owned by Mr. Wagner, and requested that official action be taken by the Council for its abandonment. In answer to a question raised by Commissioner McDaniel, City Attorney Singer stated that the street would be temporarily closed subject to reopening by action of the Council. Mr. Clarence F. Roscher appeared and stated that xe has no objection to the closing of the above described Roscher Road. No one appeared in opposition to the foregoing request. Motion by Dunne, seconded by Wallace and passed that the hearing be closed. Motion by McDaniel, seconded by Dunne and passed that the recommendation of the City Manager be concurred in and that the portion of Roscher Road which forms the East boundary of Lot 2, Section 37, Flour Bluff & Encinal Farm and Garden Tracts be temporarily closed and that an ordinance be brought forward effectuating this action. Mayor Furman announced the public hearing on the application of Southern Minerals Corporation to drill Well #8, Vira A. Harrell, Sheppard Farm Lots, Saxet Field. City Manager Whitney presented the application and pointed out its proposed location in relation to roads and buildings in the area; that the well site is proposed to be located approximately 225 feet north of Sedwick Road, approximately 225 feet west of Main Drive; that there is a vacant house within 100 feet of the site and an occupied house within 150 feet of the site; that the proposed depth is 5,500 feet with a casing program of 8 5/8 inch casing to 300 feet and 4 1/2 inch production casing; that the applicant has submitted a copy of Certificate of Insurance and a copy of the Railroad Commission Permit dated May 19, 1966; that the applicant is requesting waviers from casing requirements; use of earthen mud pits; and variance concerning the distance from the nearest roads; that the well site is located within Minutes Regular Council Meeting June 22, 1966 Page 3 the Airport hazard zone, and that he recommended the approval of the application subject to clearance from the Federal Aviation Agency. Bob Keeling, attorney, appeared and spoke on behalf of Southern Minerals Corporation, stating that the application is self-explanatory as presented by Mr. Whitney, and that he would answer any questions the Council had in connection with the foregoing request. Commissioner Wallace asked Mr. Keeling if waivers from the owners of adjoining property had been submitted, and Mr. Keeling stated that no attempt had been made to get waivers as notice of the public hearing had been given and that those interested had an opportunity to be present for this hearing. No one was present to oppose the foregoing application. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Motion by Wallace, seconded by Dunne and passed that the application of Southern Minerals Corporation to drill Well #8, Vira A. Harrell, Sheppard Farm Lots, Saxet Field, be approved as applied for subject to clearance with the Federal Aviation Agency. Mayor Furman announced the public hearing on the application of Southern Minerals Corporation to drill Well #B-6, Lawrence Lease, Saxet Field. City Manager Whitney presented the application and pointed out its proposed location in relation to the surrounding area; stated that the well site is proposed to be located 330 feet south of the center line of Sedwick Road, 330 feet east of the center line of Manning Road; that the proposed depth is 5,500 feet with a casing program of 8 5/8 inch casing to 300 feet and 4 1/2 inch production casing; that the applicant has submitted a copy of Certificate of Insurance and a copy of the Railroad Commission Permit dated April 13, 1966; that the applicant is requesting variances from the casing requirements; use of earthen mud pits, and exception to the 400 -foot requirement from nearest roads; that the proposed well site is located within the Airport hazard zone, and that he recommended approval of the application as applied for subject to clearance with the Federal Aviation Agency. Bob Keeling, attorney, spoke in support of the foregoing application, and stated that it is proposed to be an off -set to Well #8, Vira A. Harrell previously approved; that Well #B-6, Lawrence Lease will be drilled if the other one is productive. Minutes Regular Council Meeting June 22, 1966 Page 4 There was no opposition to the foregoing application. Motion by Sizemore, seconded by Dunne and passed that the hearing be closed. Motion by Sizemore, seconded by Dunne and passed that the application of Southern Minerals Corporation to drill Well #B-6, Lawrence Lease, Saxet Field, be approved with variances as applied for, subject to clearance with the Federal Aviation Agency, Mayor Furman called for the City Manager's Reports. Motion by Sizemore, seconded by Wallace and passed that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: a. That the award of contract for the Relocation of Sanitary and Storm Sewers for the Midtown Traffic Exchange, be made to Burtex Constructors; and that appropriation in the amount of $30,000 of which amount $28,129.05 is for the construction contract and 1,870.95 for contingencies, including Engineering, Laboratory, and Legal Advertising costs, be authorized; b. That the authority to initiate eminent domain proceedings for the acquisition of Parcel No. 466, described as a portion out of the South 5 acres of Lot 7 and Lot 8, Section "D" Paisley Subdivision, Hoffman Tract, applicable to Crosstown Expressway Project, be approved; c. That the authority to advertise for bids to be received July 6, 1966, on one Accounting Posting Machine with Tape System, be granted; d. That the authority to advertise for bids to be received July 6, 1966, on 1,000 Gallons Liquid Foam, be granted; e. That a revocable permit to Joe Luciano to occupy a portion of the public right of way abutting Lot 18, Block 803A, Bay Terrace Addition for the purpose of erecting and maintaining an aluminum awning supported by two aluminum columns, be granted; f. That the abandoning of all of the South Parking space and portions of the North Parking space and the public park, located in Block 8, San Diego Addition, and execution and delivery of a warranty deed to the State of Texas of the abandoned portions of said park and parking spaces and all of Lots 1 through 6, inclusive, and portions of Lots 7 and 8, in Block 8, San Diego Addition, Unit 1, in consideration of the reimbursement to the City of 50% of the value of $102,100 approved by the State Minutes Regular Council Meeting June 22, 1966 Page 5 Highway Department under terms of right of way procurement contract for Crosstown Expressway, be authorized; g. That the changes in personnel and polling places for the June 25, 1966, City Election, submitted by City Secretary Kring, be approved, as follows: Precinct 4, Mrs. N. E. Sullivan, substitute judge and Tony Zepeda, alternate; Precinct 5, Hod Carriers Labor Hall, 801 Omaha, Polling Place; Precinct 7, Mrs. T. W. Ammerman, substitute judge and Ms. Macel George, alternate judge; Precinct 11, Mirabeau B. Lamar School, 2212 Morris Street, Polling Place; Precinct 18, Mrs. J. W. Lane, substitute judge and Mrs. Raul Gutierrez, alternate; Precinct 19, Incarnate Word Convent - Utilities Room, Polling Place, T. M. Jones, substitute judge and Mrs. W. A. Fagan, alternate; Precinct 22, Mrs. M. H. Davis substitute judge and Mrs. R. W. Thurman, alternate; Precinct 25, Mrs. Welder Brown, substitute judge; Precinct 27, Lulac Hall, 5550 Kostoryz Road, Polling Place, and Mrs. Charles Foyt, substitute judge; Precinct 42, Mrs. James M. Sherman, substitute judge and Mrs. Bo G. Hubner, alternate. ORDINANCE N0. 8062 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 third time and passed by the following vote Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon and Jimenez, absent. ORDINANCE NO. 8063 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BURTEX CONSTRUCTORS FOR CONSTRUCTION, CONSISTING OF SANITARY AND STORM SEWER RELOCATIONS FOR THE MIDTOWN TRAFFIC EXCHANGE, PROJECT NO. 220-53-18,3; APPROPRIATING OUT OF N0. 220 STREET BOND FUND THE SUM OF $30,000, OF WHICH AMOUNT $28,129.05 IS FOR THE CONSTRUCTION CONTRACT AND $1,870.95 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, LABORATORY AND LEGAL ADVERTISING COSTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon and Jimenez, absent. Minutes Regular Council Meeting June 22, 1966 Page 6 ORDINANCE NO. 8064 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOT OR PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTY, AS BEING A PORTION OUT OF THE SOUTH 5 ACRES OF LOT 7 AND LOT 8, SECTION "D" PAISLEY SUBDIVISION OF THE HOFFMAN TRACT, IDENTIFYING THE RECORD TITLE OWNER AS A. L. RANKIN, SAID CONDEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon and Jimenez, absent. ORDINANCE NO. 8065 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE PERMIT TO JOE LUCIANO TO OCCUPY A PORTION OF THE PUBLIC RIGHT OF WAY ABUTTING LOT 18, BLOCK 803A, BAY TERRACE ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE PURPOSE OF THE ERECTION AND MAINTENANCE OF AN ALUMINUM AWNING, A COPY OF SAID PERMIT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon and Jimenez,, absent, ORDINANCE NO. 8066 APPROPRIATING OUT OF NO, 220 STREET BOND IMPROVEMENT FUND THE SUM OF $291,500.00 FOR THE ACQUISITION OF 9 PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF TEXAS AND APPLICABLE TO PROJECT NO, 220-56-2403, CROSSTOWN EXPRESSWAY, HIGHWAY #286 RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THE STATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon and Jimenez, absent. ORDINANCE NO, 8067 AUTHORIZING AND DIRECTING 'TRE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN AERIAL EASEMENT AND A GUY WIRE EASE- MENT TO CENTRAL POWER AND LIGHT COMPANE FOR THE CONSTRUCTION AND MAINTENANCE OF AN ELECTRIC TRANSMISSION LINE AFFECTING CERTAIN CITY PROPERTY BEING THE CARROLL LANE DRAINAGE DITCH BETWEEN THE EAST BOUNDARY LINE OF EVERHART ROAD AND THE WEST BOUNDARY LINE OF LOT A, BLOCK 14, LOKEY SUBDIVISION, AND BLOCK A, SUNNYBROOK ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, MORE FULLY DES- CRIBED IN COPIES OF SAID AERIAL EASEMENT AND GUY WIRE EASEMENT WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF AND AS SHOWN ON THE ATTACHED MAPS A AND B AND IDENTIFIED IN RED; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting June 22, 1966 Page 7 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon and Jimenez, absent. ORDINANCE NO. 8068 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AGREEMENTS, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH CERTAIN UTILITY COMPANIES, THE SAME BEING CENTRAL POWER AND LIGHT COMPANY, SOUTHERN PIPELINE CORPORATION AND PAN AMERICAN PETROLEUM CORPORATION, FOR THE RELOCATION, LOWERING AND/OR ADJUSTMENT OF UTILITY LINES IN ORDER TO FACILITATE THE EXCAVATION OF THE KELLY DRAINAGE DITCH, PROJECT NO. 295- 61-39; PROVIDING FOR THE REIMBURSEMENT OF THE COST OF SAID UTILITY RELOCATIONS AND ADJUSTMENTS IN THE AMOUNTS HEREINAFTER SET OUT; A COPY OF EACH OF SAID AGPEE- MENTS BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon and Jimenez, absent. ORDINANCE N0. 8069 ABANDONING ALL OF THE SOUTH PARKING SPACE AND PORTIONS OF THE NORTH PARKING SPACE AND THE PUBLIC PARK, ALL OF WHICH PROPERTY IS LOCATED IN BLOCK 8, SAN DIEGO ADDITION UNIT 1, TO THE CITY OF CORPUS CHRISTI, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOL. 9, PAGE 21, MAP RECORDS OF NUECES COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A WARRANTY DEED TO THE STATE OF TEXAS OF SAID ABANDONED PORTIONS OF SAID PARK AND PARKING SPACES AND ALL OF LOTS 1 through 6, INCLUSIVE, AND PORTIONS OF LOTS 7 AND 8, IN BLOCK 8, SAN DIEGO ADD- ITION, UNIT 1, IN CONSIDERATION OF THE REIMBURSEMENT TO THE CITY OF 50% OF THE VALUE OF $102,100 HERETOFORE APPROVED BY THE STATE HIGHWAY DEPARTMENT UNDER TERMS OF RIGHT OF WAY PROCUREMENT CONTRACT FOR THE CROSSTOWN EXPRESSWAY; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye;" Blackmon and Jimenez, absent. ORDINANCE NO. 8070 AUTHORIZING AND DIRECTING THE CITY MANAGER, POR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, STATE HIGHWAY DEPARTMENT, ACTING BY AND THROUGH ITS STATE HIGHWAY ENGINEER, CONCERNING THE DISPOSAL AND DUMPING OF EXCESS ROAD MATERIAL IN THE AREA KNOWN AS COLE PARK, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore and Wallace, present and voting "Aye;" Blackmon and Jimenez, absent. Mayor Furman called the meeting to order following a ten-minute recess and announced the Council would now consider the Application #566-6, Perry Moore, Jr., Minutes Regular Council Meeting June 22, 1966 Page 8 for change of zoning from "11-1B" One -family Dwelling District to "b>1" Neighborhood Business District on Lot 2a Block 2a Washington Subdivision, 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 May 24, 1966, the applicant, Perry Moore, Jr, appeared and stated that he owns a barber shop adjoining the property in question facing on Angela Street; that he has been in this location for eight years and finds that he needs a larger place for his business; that he plans to use the building located on the property as a shoe ahine parlor after renovating the building; that the residential character of the building will not be changed, and that the shoe shine parlor will be more beneficial to the neighborhood than the vacant house; Mins Copeland further stated that no one appeared in opposition; that 23 letter@ were seer out, four return were received in favor an0. none in opposition, and that it was the recommendation of the Z. Commission that the application be approved as a logical extension _.. "B=1" zoning, Mr, Perry Moore, the applicant appeared an spoke in support stating that his present barbershop was. too mall with inadequate 'storage apace - No one appeared in opposition to c; -_e: foregoing application_, Motion by Sizemore;, seconded by 'b nne an.cl passed that the hearing be closed. Motion by Dunne, seconded by Wallace and pe.saed that the recommendation of the Zoning & Planning Commieoion be concurred in and that Application #566=6„ Perry Moore, Jr,, for change of zoning from 4°18-1E" One -family Dwelling District to 44Pn1.a Neighborhood Business District on Lot 2,, block 2, Washington ut?d ivision be granted and that an ordinance be brought forward effectuating the Change, Mayor Furman announced the public hearing on App1t.cation X566-7, Stanley -Cron, Incorporated, for change of zoning from "1-4,-1P," One-•`.srn.'_1y;DwellingDig:,-*�i t to °0I=2" Light Industrial District on Lots 1, 2, 3, and 4, Warnecke Subdivision, Laura Copeland located the property nn the map and +inscribed urea of the surrounding area; atated that at the. Coa:r':.r!zior :+.ee. o!ng. held on Nay 24, 1966, Mr, Stanley Martinez, Preaident of Stenlsy-Orion, Inc,, appeared end told the Commiaeion that his Corporation ie a construction company which holds a five year lease on the Minutes Regular Council Meeting June 22, 1966 Page 9 presently occupied property; has occupied the premises only since March 1, 1966, and that he proposes to purchase this property in the future; that the request is made to enable the corporation to increase office space to provide for the engineering depart- ment; to store trucks, equipment and building materials. Miss Copeland stated that 32 lettere were mailed, three replies were received in favor and five in opposition, and that the recommendation of the Zoning & Planning Commiasion is that the applica- tion be denied but in lieu a Special Permit be granted for use as a storage space and to allow for expansion of its office and engineering department with the following conditionss (1) That the permit be granted effective until December 31, 1970, and (2). Subject to an approved site plan including complete screening of the area with plant materials. Mr. Harold C. Watts, 2418 Viola, Dick Watson, 4601 Archer, and Laura Stevens of Viola Street, all appeared in opposition to the foregoing application, stating that their objections were based on the unkempt condition of the premises; that 18 years ago it was promised that the property would be screened; and that because of the noise of deisel engines and the unkempt condition of the premises, their property has decreased sharply in value, rendering it unsaleable. In answer to a question from Mrs. Laura Stevens relative to an increase in her taxes should the property be rezoned, Commissioner Wallace stated that there would be no change in taxes since the Council is not contemplating a change of zoning but only considering a Special Permit. Mr. Watts stated that Stanley -Orion Inc., had made an attempt to keep the place clean. Mr. Stanley Martinez, spoke in support of his application, but stated that the people in this area had been victims of circumstances; that his company had spent a considerable sum of money clearning the place up, but that rather than continue to subject these residents to further harassments and inconveniences, his company would be out of the area in 60 daye. Motion by Wallace, seconded by Dunne and passed that the hearing be closed. Motion by McDaniel, seconded by Wallace and passed that the action on the foregoing application be deferred until Monday Night Workshop. Minutes Regular Council Meeting June 22, 1966 Page 10 Mayor Furman announced the public hearing on Application i566-5, Drs. Frich & Giles - TRACT I: Change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 10, Block 2, Gray Village Unit II; TRACT II: Change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 11, Block 2, Gray Village Unit II. Laura CoperarlOolocated the property on the map and described the uses of the surrounding area; explained that at the Commission hearing held on May 24, 1966, Mr. Charles Stone, Jr., had represented the applicants and stated that the applicants own a large area of property fronting on Everhart Road for which they have commitments from two businesses for building space; that a drive-in grocery company has requested space of 2400 square feet and a paint company has requested 5,000 square feet; that the alley between "B-4" zoned property facing South Padre Island Drive and the requested property areas as a means of ingress and egress only; Miss Copeland stated that two residents had appeared at the hearing in opposition, and that 18 letters were mailed out, one return received in favor and three in opposition; that two petitions containing a combined total of 27 names were received in opposition, and that it was the recommendation of the Zoning & Planning Commission that "AB" Professional Office District be granted on both lots as this constitutes a logical zoning because the properties adjoin Everhart Road and are opposite a tract already zoned "AB". Joseph Hans, attorney, representing the applicants, spoke in favor of the application, and stated that he had been retained to represent the applicants since the Commission hearing. Mr. Hans presented sketches to the Council showing proposed uses of the property, and stated that he had recommended that his clients not consider apartment use of the property but had recommended neighborhood business zoning; that an agreement had been entered into with Maverick Market for a drive-in grocery and that they propose to begin construction as soon as possible, In answer to a question from Commissioner Wallace, relative to signs, Mr. Bans stated that there would be two free-standing signs which would be in keeping with the aesthetic character of the neighborhood. Mr. W. D. Redfern, owner of Lot 9, Block 1, Parklane II, appeared in opposition to the application, stating that he and his neighbors are strongly opposed to business in this area; that a petition had been filed registering the opposition of at least Minutes Regular Council Meeting June 22, 1966 Page 11 30 persons living in this vicinity on the grounds that they had purchased their homes in good faith that this area would remain a one -family dwelling district, and that there are already adequate businesses of this type in the area to serve the needs. Reverend Jimmy Williams, pastor of a church in the area, appeared in opposition as a property owner and in the interest of the Church, pointing out the traffic hazard which would be'created by a drive-in grocery store. W. A. Scholl, 4625 Mt. Vernon, objected to the request on the basis that the traffic is already conjested in excess of safety and will be increased when Lexington is extended. Mr. John Oliphant, 778 Lansdown, spoke in opposition stating that the neighbor- hood had reached the saturation point with drive-in grocery stores and that he was not in favor of the requested change. Motion by McDaniel, seconded by Wallace, and passed that the hearing be closed. Motion by Wallace, seconded by McDaniel and passed that the recommendation of the Zoning and Planning Commission be concurred in and that "B-1" Neighborhood Business District on Tract I, and "A-1" Apartment House District on Tract II, be denied, but that "AB" Professional Office District be granted on both lots as this constitutes a logical zoning because the properties adjoin Everhart Road and are opposite a tract already zoned "AB". Mr. Harvey Weil, attorney, spoke on behalf of the oil, industry and restated their position on the question of annexation of additional territory in the bay, and again made an appeal that the Council reconsider the proposal made last week, which was refused, that the annexation proposition be removed from the ballot for the June 25 election, and that a contract be negotiated which would give the City control of the oil and gas operations in the bay but not subject the industry to taxation. Commissioner Wallace stated that he is in complete agreement with the foregoing request; that he is aware that this has been discussed many times but that for the record he would like to restate that he would like to see the Council remove the annexation proposal from the ballot of the June 25 election, since there is no way for the City to provide services; that the matter was originally put on the ballot to control seining; that the oil industry had agreed to assist the City in the control of seining if left out of the city limits, and enter into a contract with the City Minutes Regular Council Meeting June 22, 1966 Page 12 giving the City the same control of their operations in the area in question as it has of the area now in the City limits; and that that leaves only one reason for annexation which would be for the purpose of taxation, and that be would like to see the Council either take the proposal off the ballot or make an official expression to the effect that it is not necessarily endorsing the proposal; that if the Chair would entertain such a motion, that in the absence of taking the issue off the ballot, which a majority opposed, the Council was not necessarily endorsing annexation by offering it for a vote. Mayor Furman stated that be feels the Name as Mr. Wallace, that it is improper to annex territory primarily for tax income; that the original aim wan to put the issue for vote of the people, first, for the purpose of controlling seining in the bay, and secondly, to control the oil production operations, but stated that be feels it is too late to remove the proposal from the ballot and that it should be left to the voting public. Mayor Furman polled members of the Council who voted last week to leave the issue on the ballot for expressions on the matter. Commissioner McDaniel stated that the Council is not campaigning for the issue; that he is in favor of leaving it to the voters, and that be would not vote to remove it from the ballot; that if the annexation proposal done not carry in the election, then we would enter into the agreement with the oil industry to create an industrial district. Commissioner eisemore stated he felt that by leaving the issue on the ballot they are not necessarily endorsing it. Commissioner Dunne stated that he is for the annexation of additional bay territory and that he had already done some campaigning for it. Motion by Wallace, seconded by Sizemore and passed, with McDaniel and Dunne voting "Nay," and Furman, Wallace and Sizemore voting "Aye," that the Council pose a resolution to the effect that the Council does not necessarily endorse annexation of additional bay territory by putting the iaeue on the ballot of the June 25 election. Minor Culli, local businessman and Ingleside resident who has urged more control of gas and oil development in the bay arose to speak during the Council discussion Minutes Regular Council Meeting June 22, 1966 Page 13 but was ruled out of order. There being no further business to come before the Council, the meeting was adjourned.