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
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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
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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.
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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
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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.
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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.
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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.,
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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
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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.
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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
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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
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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.