Loading...
HomeMy WebLinkAboutMinutes City Council - 09/14/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 14, 1966 2:00 P.M. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners Patrick J. Dunne P. Jimenez, Jr., M.D. Ken McDaniel Ronnie Sizemore Wm. H. Wallace, Jr. Assistant City Manager Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The invocation was given by Reverend L. Lee Gaines, Pastor of the First Church of the Nazarene. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Jimenez, seconded by Dunne and passed that the minutes of the Regular Meeting of September 7, 1966, be approved. Mayor Furman read and presented proclamations relative to the following: CONSTITUTION WEEK in Corpus Christi, the week of September 17 through September 23, 1966, accepted by Mrs. John Moore and Anita Mantor, representing the Daughters of the American Revolution; Mr. Holmes, representative of the Civitan Club; and DIEZ Y SEIS DAY, September 16, in commemoration of Mexican Independence Day. Mayor Furman announced the opening of bids. Bids were opened and read on the construction of Brawner Parkway, Dakin to Carroll, Willow and Pecan Street Improvements from the following firms: King Construction Company,, South Texas Construction Company, Fowco Construction Company, and Heldenfels Brothers. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Bids were opened and read on Steel Pipe for the Gas Division from the following firms: Atlas Bradford Company, Bestway Tube & Steel (Houston), Gulf Supply Company, McAllen Pipe & Supply Company, McJunkin Corporation (Houston), Oilwell Supply Division (Houston), Superior Iron Works, Tex -Isle Supply, Inc. (Houston), Phoenix Supply, and the L. B. Foster Company (Houston). The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Minutes Regular Council Meeting September 14, 1966 Page 2 Bids were opened and read on Coating and Wrapping of Steel, Pipe from the following firms: Pipe Line Service Company, and Rosson-Richards Company of Texas. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Furman presented a pending item, the Appeal of Mr. and Mrs. Jerry Sheets from Zoning and Planning Commission's decision regarding a special use permit to operate a trailer park on Lots 1 through 6, Block 23, and Lots 3 through 6, Block 39, Nueces Town Subdivision, on which a public hearing was held August 24, 1966, and tabled for further consideration and pending other information regarding a site plan. Mayor Furman further explained that it was the recommendation of the Zoning and Planning Commission that the application be approved subject to a proper plat, a site plan, a 6 -foot solid redwood fence along each side, and compliance to all trailer park ordinance requirements. Motion by Blackmon, seconded by Wallace and passed, Sizemore voting "Nay", that the appeal of Mr. and Mrs. Jerry Sheets from the Zoning and Planning Commission's decision regarding a special use permit to operate a trailer park on Lots 1 through 6, Block 23, and Lots 3 through 6, Block 39, Nueces Town Sub- division (unrecorded) be referred back to the Zoning and Planning Commission for a hearing on the new site plan presented, and that the action of the Zoning and Planning Commission would be final unless appealed again to the Council. Mayor Furman brought up the pending item of Application #866-1, Harold R. Naylor, and would entertain a motion for its disposition. Motion by Wallace, seconded by McDaniel and passed that the recommen- dation of the Zoning and Planning Commission be upheld and that Application #866-1, Mr. and Mrs. Harold R. Naylor for change of zoning from "R -1B" One- Minutes Regular Council Meeting September 14, 1966 Page 3 family Dwelling District to "AB" Professional Office District on a tract of ground, being all of Lots 1 & 2, Block A, Bluebonnet Court; Tract 1 and a portion of Tract 2, Hillcrest One Acre Lots; and the remaining 1/2 acre Tract of Snodgrass Addition, fronting approximately 423.93 feet along the Southeast right-of-way line of Old Robstown Road and lying between the intersecting streets of Blue- bonnet Drive and North Naylor Circle, be denied on the basis that approval would constitute spot zoning and would tend to break down the residential character of the neighborhood. Mayor Furman brought up the pending item of Application #866-3, Buford Nicholson, on which public hearing was held September 7, 1966, and called for a motion for action on the matter. Motion by Wallace, seconded by Dunne and passed that the recommendation of the Zoning and Planning Commission be upheld and that Application #866-3, Buford Nicholson, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District on 0.33 Acre tract of ground out of Lot 7, Section 2, Bohemian Colony Lands, located at the Northeast corner of the inter- section of Kostoryz Road and Sacky Drive, and fronting 90 feet on Kostoryz Road and 160.16 feet along Sacky Drive for the depth, be denied on the basis that approval would invite further strip zoning along Kostoryz Road and that there is already adequate general business zoning available in the area suitable for this use. Mayor Furman announced the Council would consider the pending item of Zoning Application #965-8, The Carmelite Day Nursery, on which public hearing was held October 20, 1965, and tabled for reference to the City Staff to work with the applicant for further consideration. Assistant City Manager Marvin Townsend stated that a final plat of the Minutes Regular Council Meeting September 14, 1966 Page 4 property and a deed conveying the property to Carmelite Sisters, D.C.J., have been provided. Motion by Blackmon, seconded by Jimenez, and passed that Application #965-8, The Carmelite Day Nursery, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on a 5 -acre tract out of Lot 13, Section "G", Paisley's Subdivision of the Hoffman Tract, be approved, and that an ordinance be brought forward effectuating the change. Mayor Furman announced the Council would resume the hearing on Zoning Application #866-2, Mrs. Janet Frank, which was recessed from the regular meeting of September 7, 1966, and explained the procedure to be followed. Mr. Harry S. Dobbs, attorney representing the applicant,appeared and spoke in support of the application, stating that Mrs. Frank has owned this piece of property for ten years, during which time she has made numerous attempts to sell for residential use but has not been able to do so; that the applicant has applied for Neighborhood Business Zoning in order to permit the construction of a Circle "K" Convenience Market. Mr. Dobbs further stated that the property in question is composed of vacant lots facing 118 feet on Evelyn Street and 140 feet on Gollihar; that there are no sidewalks and that large ditches exist on each side of the street forcing children attending Fannin Elementary School to walk in the middle of the street; that there exists in the area such uses as a filling station immediately adjoining the request property, a car wash, a church and other vacant lots; that there are no houses facing on this property; that residents of the neighboring areas have been contacted and that the majority contacted are in favor of the proposed grocery store; that the principal of the Fannin School has been contacted and that he has no objection, and that he does Minutes Regular Council Meeting September 14, 1966 Page 5 not believe the operation of the grocery store would adversely affect the school in regard to traffic. Mr. Dobbs further stated that the "B-1" Neighborhood Busi- ness District zoning as applied for is the highest and best use of the property and is not suitable for residences. No one appeared in opposition to the foregoing application. Motion by Jimenez, seconded by Sizemore and passed that the hearing be closed. Motion by McDaniel, seconded by Wallace and passed that Application #866-2, Mrs. Janet Frank, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 9 and 10, Block 1, Sun- flower Addition #2, be granted subject to the erection of a 6 -foot masonry fence or a 7 -foot pilester type fence separating the property from adjoining property, and that the specifications of the fence be worked out with the Staff, and that an ordinance be bought forward effectuating the change Mayor Furman announced the public hearing on the request to change the name of Live Oak Street in Flour Bluff to Oak Ridge Drive. Assistant City Manager Townsend stated that because of a duplication of street names with Live Oak Street in Oak Park Addition, it was originally pro- posed to change the name of Live Oak Street in Flour Bluff to Wiltway Drive, but that communications received from affected residents indicated a preference of "Oak Ridge Drive," and therefore recommended that the street be named "Oak Ridge Drive." No one appeared in favor or in opposition to the foregoing recommendation. Motion by Sizemore, seconded by Dunne and passed that the hearing be closed. Minutes Regular Council Meeting September 14, 1966 Page 6 Motion by Jimenez, seconded by Dunne and passed that the name of Live Oak Street in Flour Bluff be changed to Oak Ridge Drive, and that an ordinance be brought forward effectuating the change. Mayor Furman called for the City Manager's Reports. Motion by Dunne, seconded by Jimenez 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 construction of Unit 1I of the Schanen Drainage System be made to Heldenfels Brothers, and that an appro- priation in the amount of $159,000, of which amount $1,515.20 is for contin- gencies, including engineering, laboratory testing and legal advertising costs, be authorized; b. That the award of contract for the resurfacing of Courts and Foundation Repairs at the H.E. Butt Tennis Center be made to Casey and Glass, Inc., and that an appropriation in the amount of $11,250.00, of which amount $374.76 is for contingencies, including laboratory testing and legal advertising costs, be authorized; c. That authority to extend the time of closing contract dated June 8, 1966, between the City of Corpus Christi and Nueces Transportation Company, on a day to day basis from September 15, 1966, to September 25, 1966, with the under- standing that the contract for purchase of the Bus System will be consummated prior to such extension date and pending approval of the City's grant request to the Department of Housing and Urban Development, be granted; d. That a letter bearing Mayor Furman's signature requesting the Bureau of Reclamation to prepare a feasibility grade report on Choke Canyon as the proposed dam site, for presentation to Congress seeking authorization of the Minutes Regular Council Meeting September 14, 1966 Page 7 project, be approved; e. That contracts between the City of Corpus Christi and the State of Texas, and the Flochah Corporation, for the construction of a stairway from Parking Lot 1, adjacent to Mesquite Street and the Twigg Street Off -Ramp, so as to connect the Parking Lot with the Roadway Bridge Ramp "V" which ramp services vehicular traffic from Broadway Street northbound to U.S. 181, be authorized; f. That reimbursement to the developer, Hulen H. Hunt, for install- ation of oversize and overdepth sanitary sewer lines in Lexington Park Sub- division, and for one-half of the cost of street improvements around the ded- icated park and for street improvements on a portion of Williams Drive, be approved and that appropriation in the amount of $8,569.01, of which amount $2,577.66 is for the sewer line applicable to Project No. 250-64-51, and $5,991.35 for street improvements around the park which includes a portion of Williams Drive, be authorized; g. That a contract sith Saratoga Land Company for Street Lighting of Country Club Estates, Unit 5, be authorized; h. That the bid award on 10 single type, one hour Parking Meters; 10 single type, two hour Parking Meters; and 40 double type, two hour Parking Meters, be made to Duncan Parking Meter Corporation of Chicago, Illinois, in the amount of $4,987.50, on the basis of only one bid received; (Bid Tabulation #66-40); i. That the date of October 5, 1966, during the Regular Council Meeting be set for public hearing on the disposition of excess right of way in Avalon Place; j. That the date of October 5, 1966, during the Regular Council Meeting be set for public hearing on the abandonment of the excess Hillcrest Street right Minutes Regular kAuuncil Meeting September 14, 1966 Page 8 of way; k. That the date of September 21, 1966, be set for public hearing on changing the name of Francis Street to Kimbrough Dcive; 1. That the recommendation to amend the Gault Aviation Lease involv- ing an additional strip of land 50' x 247', be approved; m. That the Report by Doughty, Bennight and Southerland, of Corporation Court Procedure, be accepted; n. That authority to advertise for bids to be received October 5, 1966, on the Removal of Buildings and Structures from Lots 4,5,6, and A, in Block 104, Beach Addition in connection with the Bayfront Science Park Area, be authorized; ORDINANCE N0. 8168 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION OF THE SCHANEN AREA DRAINAGE SYSTEM, UNIT II, DESIGNATED AS PROJECT NO. 295-64-37; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $159,000, OF WHICH AMOUNT $157,484.80 IS FOR THE CONSTRUCTION CONTRACT AND $1,515.20 IS FOR CONTIN- GENCIES, INCLUDING ENGINEERING, LABORATORY TESTING AND LEGAL ADVERTISING COSTS; 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. 8169 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH CASEY & GLASS, INC., FOR THE H. E. BUTT TENNIS CENTER COURT RESURFACING AND FOUNDATION REPAIRS; APPROPRIATING AND REAPPROPRIATJNG OUT OF ATHLETIC ACTIVITY NO. 4133, CODE 345 FUNDS, THE SUM OF $11,250, OF WHICH AMOUNT $10,875.24 IS FOR THE CONSTRUCTION CONTRACT AND $374.76 IS FOR CONTINGENCIES, INCLUDING LABORATORY TESTING AND LEGAL ADVERTISING COSTS; 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". Minutes Regular Council Meeting September 14, 1966 Page 9 ORDINANCE NO, 8170 APPROPRIATING $550,000 OUT OF TRANSIT FUND NO. 218, BEING $450,725 FOR THE ACQUI- SITION OF THE FLEET OF BUSES AND LAND, BUILDINGS AND IMPROVEMENTS AND OTHER PROP- ERTY, ALL AS SET OUT IN THE CONTRACT OF PURCHASE AUTHORIZED BY AND ATTACllc.D TO ORDINANCE NO. 8052, AND THE SUM OF $99,275 FOR THE ACQUISITION OF THREE PARLOR COACHES AND RAILROAD COMMISSION PERMITS, ALL AS DESCRIBED IN SAID CONTRACT, AND AU'LHORIZING AND DIRECTING THE CITY MANAGER, OR, IN HIS ABSENCE, THE ASSISTANT CITY MANAGER, TO EXECUTE SUr'U INSTRUMENTS, DOCUMENTS, STATEMENTS AND RECEIPTS AS MAY BE PROPER AND NECESSARY TO CONSUMMATE THE PURCHASE OF SAID BUS SYSTEM, PF,RMTTS AND PROPERTY DESCRIBED IN SAID CONTRACT; AUTHORIZING THE CITY MANAGER, OR, IN HIS ABSENCE, THE ASSISTANT CITY MANAGER, TO EXECUTE SUCH INSTRUMENTS AND DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE THE PROCURING OF A GRANT OF FUNDS FROM THE FEDERAL GOVERNMENT, TO BE USED IN CONNECTION WITH THE CITY'S FUNDS FOR THE PURCHASE OF SAID BUS SYSTEM; DIRECTING THAT ALL FUNDS RECEIVED FROM THE FED- ERAL GOVERNMENT BE USED IN CONNECTION WITH THE FUNDS HEREBY APPROPRIATED IN THE; PROPORTIONS PROVIDED BY THE FEDERAL GOVERNMENT, AND SUCH PORTIONS OF SAID FUNDS SO PROVIDED BY THE FEDERAL GOVERNMENT ARE HEREBY APPROPRIATED; 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. 8171 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH HULEN H. HUNT, DEVELOPER OF LEX- INGTON PARK SUBDIVISION, WHEREBY THL ,,£TY AGREES TO REIMBURSE THE DEVELOPER FOR THE INSTALLATION OF OVERSIZE AND OVERDEPTH SANITARY SEWER LINES, IN ACCORD- ANCE WITH THE PLATTING ORDINANCE, AND FOR ONE-HALF THE COST OF STREET IMPROVE- MENTS AROUND THE DEDICATED PARK AND FOR STREET IMPROVEMENTS ON A PORTION OF WILLIAMS DRIVE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $8,569.01, OF WHICH AMOUNT $2,577.66 IS FOR THE SEWER LINE, APPLICABLE TO PROJECT NO. 250-64-51, AND $5,991.35.IS FOR THE STREET IMPROVEMENTS AROUND THE PARK, AND INCLUDES A PORTION OF WILLIAMS DRIVE, APPLICABLE TO PROJECT NO. 220-61-81.8; 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. 8172 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE WITH SARATOGA LAND COMPANY, INC., A CONTRACT PROVIDING Minutes Regular Council Meeting September 14, 1966 Page 10 THAT THE CITY OF CORPUS CHRISTT W'LL BE RESPONSIBLE FOR STREET LIGHT BILLINGS TO THE EXTENT OF $567 02'. SEVEN (7) 2,500 LUMEN RESIDENTIAL STREET LIGHTS TO BE INSTALLED ON ORNAMENTAL POLES IN COUNTRY CLUB ESTATES, UNIT 5, UPON PAYMENT TO THE CITY OF $567 BY SARATOGA LAND COMPANY, INC., A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye". ORDINANCE NO. 8173 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY ENGINEER, FOR THE CONSTRUCTION OF A SIDEWALK AND STAIR- WAY FROM PARKING LOT 1, ADJACENT TO MESQUITE STREET AND TO THE TWIGG STREET OFF - RAMP TO CONNECT THIS PARKING FACILITY WITH THE ROADWAY BRIDGE RAMP "V", WHICH SERVICES VEHICULAR TRAFFIC FROM BROADWAY STREET NORTHBOUND TO U. S. 181, ALL AS MORE FULLY SET OUT 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, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye". ORDINANCE NO. 8174 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHIRSTI, BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND FLOCHAH CORPORATION, RELATING TO THE CONSTRUCTION OF A SIDEWALK AND STAIR- WAY FROM PARKING LOT 1 ADJACENT TO MESQUITE STREET TO THE TWIGG STREET OFF - RAMP IN ORDER TO CONNECT THE PARKING LOT WITH ROADWAY BRIDGE RAMP "V", WHICH RAMP SERVICES VEHICULAR TRAFFIC FROM BROADWAY STREET NORTHBOUND TO U.S. 181, ALL IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, 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 folowing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye". ORDINANCE NO. 8175 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDI- NANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF L. M. DALRYMPLE, BY GRANTING A SPECIAL PERMTT ON LOTS 4 AND 5, BLOCK 8, BAYVIEW ADDITION #2, IN THF CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS, FOR THE CONSTRUCTION OF A GROCERY STORE, SUBJECT TO THE CONDITIONS HEREINAFTER SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; 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". Minutes Regular Council Meeting September 14, 1966 Page 11 Mayor Furman announced that discussion from the Council and from the audience pertaining to the ordinance appearing on the agenda as Item "i" regarding soliciting and peddling, would be heard at this time. Mr. Bill G. Read, appeared on behalf of and as spokesman for local direct sales people who were present in the audience representative of the Tupper- ware Company, Kirby Vacuum Cleaners and Avon Cosmetics Products and others, and stated that though he realized the ordinance is intended to regulate itinerant peddlers, the language was such that it could apply to everyone in the business of selling, including Girl Scouts selling cookies and paper boys collecting for their routes, and that their position was not to object but to request a clarification of the wording of the ordinance; that he is cognizant of the need for the regulation of itinerants in the community, that approximately 88 percent of the 100 people engaged in the business of sales are local people; that less than 12 percent are termed as itinerant, and that a very small number of this 12 percent are fraudu- lent; that in an admitted honest effort on '.he part of the Council to protect the innocent, a severe hardship could be imposed upon those who are in a legitimate business. Mr. Read further stated that they would like, (1) clarification of the language to their satisfaction that it did not include local people, and (2) that the ordinance would not be passed on an emergency basis. Others in the audience, councurring in Mr. Read's statements were, Charley Mansfield of Kirby Distributors; Rosalee Edgar and Mrs. Hobbs of Avon Cosmetics Products. Motion by Jimenez, seconded by Blackmon and passed that the proposed ordinance regulating itinerants, be removed from the agenda for further consider- ation. Minutes Regular Council Meeting September 14, 1966 Page 12 Mayor Furman asked that Mr. Read provide a committee composed of inter- ested sales people to work with the City Staff in revising the proposed ordinance. Mayor Furman announced the meeting would be recessed for a ten-minute period in order for the Zoning and Planning Staff to prepare the Council Chamber for the three scheduled zoning hearings. Mayor Furman reconvened the meeting and announced the Council would consider Application #866-4, J. B. Wright, for change at zoning from "A-2" Apartment House District to "B-5" Primary Business District on Lots 9, 10, and 11, Johnson Addition, and explained the procedure to be followed. Calvin Taylor, Senior City Planner, located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission August 2, 1966, Mr. Wright had appeared in behalf of his application a Special Permit was granted on the subject property in March of restricted the use by limiting it to an outdoor nursery only, always been his intention to construct buildings on the property. Mr. Taylor stated that 40 letters were mailed, three were received in favor and one'in opposition; and that it was the recommendation of the Zoning and Planning Commission that it be denied but, in lieu thereof, a Special Permit be granted for the operation of a nursery and garden center tied to the site plan as corrected by the Zoning and Planning Commission, limiting access from Alameda Street to a ser- vice entrance only. Mr. Wright, applicant, appeared and stated that he plans to erect a 40' x 60' prefabricated anodized aluminum building in which a landscaping office will be located and that it will also be used to store supplies necessary to his nursery; that in the future he plans to erect another such building in which the nursery's trucks will be parked; that the building is shown on the site plan, but the construction date is uncertain; and explained that the property will be land - hearing held on and stated that this year which and that it had Minutes Regular Council Meeting September 14, 1966 Page 13 scaped around the perimeter to serve as a screen. Mr. George Gaines of Western Steel Corporation, appeared and stated that he has a contract with Mr. Wright for construction of the proposed develop- ment and that he is ready to begin construction immediately. No one appeared in opposition to the foregoing application. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Wallace, seconded by Blackmon and passed that the recommer- dation of the Zoning and Planning Commission be concurred in and thet the appli- cation #866-4, J. B. Wright for change of zoning from "A-2" Apartment House Dis- trict to "B-5" Primary Business District on Lots 9, 10, and 11, Johnson Addition, be denied, but in lieu thereof, a Special Permit be granted for the operation of a nursery and garden center tied to the site plan as corrected by the Zoning and Planning Commission, limiting access from Alameda Street to a service entrance only, and that an ordinance be brought forward effectuating the change. Mayor Furman announced the public hearing on Application #866-5, Kibby and Selby, for change of zoning from "F -R" Farm Rural District to "1-3" Heavy Industrial District on a Tract of land containing 50 acres, and being a portion of Lots 23, 24, 27, and 28, of the H. B. Sheppard Farm Lots Subdivision fronting 480.1 feet on Leopard Street and extending to a depth of approximately 4861 feet; save and except the Northern portion of this tract already zoned "B-4". Calvin Taylor located the property on the map and pointed out the zon- ing and land use of the area as being predominently single family dwellings, with some industry and farm uses; explained that at the Commission hearing held on August 2, 1966, six persons were present and spoke in opposition to the request Minutes Regular Council Meeting- September eetingSeptember 14, 1966 Page 14 and that approximately ten others stood up as an expression of their opposition, on the basis that it would create a hazard to the residents along Main Drive as well as creating considerable noise, and in general, would decrease their property values; that the Staff had mailed out 83 notices, two were received in favor and one in opposition, and that the recommendation of the Zoning and Planning Com- mission /as that it be denied on the basis that approval of an industrial class- ification would destroy any remaining residential character the adjoining property might have and the proposed use would definitely be a liability to any nearby residence. Mr. Kibby, applicant, appeared and spoke in support of the application and stated that he and Mr. Troy Selby are co-owners of the property in question; that the present taxation is so high that they cannot afford to use the property as farm land; that if the request is approved, it will be used as a drag strip, and that the front lots, already zoned "B-4" will be used for business; that there presently exists three producing oil wells in the area, and that because of the pipelines and oil wells, it is not feasible to develop for residential uses; that the proposed drag strip would not present a real noise problem since all activities would be during the day; that an adequate fence would be constructed around the perimeter of the property as a safety measure. He further stated that he believed this type of development is needed in the community and would be an asset. Mr. David C. Cook, attorney representing D. W. Grant, owner of the prop- erty just east of the subject property, appeared and opposed the application stat- ing that the proposed use would add to the deterioration of the surrounding resi- iential area and cited the deteriorated residential section around the Corpus Christi Speedway as an example. Minutes Regular Council Meeting September 14, 1966 Page 15 Others who appeared and spoke in opposition to the application were, Arturo Martinez, Ramario Escobar, and approximately 12 persons were present in the audience who stood up as an expression of their opposition, on the basis that there are approximately 400 school children in this community and that this development would present a dangerous traffic hazard. Mayor Pro Tem Blackmon expressed the opinion, in which Commissioners Wallace and Sizemore concurred, that there is a need for such a development in the community, but that the proposed location is not a proper one for this use. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Motion by Jimenez, seconded by Wallace and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #866-5, Kibby and Selby, for change of zoning from "F -R" Farm Rural District to "I-3" Heavy Industrial District on a Tract of land containing 50 acres, and being a portion of Lots 23, 24, 27, and 28 of the H. B. Sheppard Farm Lots Subdivision fronting 480.1 feet on Leopard Street and extending to a depth of approximately 4861 feet; save and except the Northern portion of this tract already zoned "B-4", be denied on the basis that approval of an industrial classification would destroy any remain- ing residential character the adjoining property might have and the proposed use would definitely be a liability to any nearby residence. Mayor Furman announced the public hearing on Application #866-6, Park- view General Hospital, Inc., for change of zoning from"R-1B" One -family Dwelling District to "AB" Professional Office District on the Edwin E. Connor Tract. Calvin Taylor located the property on the map and described the zoning and land use of the area as being predominently 'R -1B" One -family Dwellings, and such other uses as taverns, meat market, service stations, church, hamburger stands, Minutes Regular Council Meeting September 14, 1966 Page 16 and recreation areas. He stated that at the Commission hearing held on August 2, 1966, two persons had appeared in favor of the application and three in opposi- tion; that the Staff had mailed out 104 letters, four received in favor and nine in opposition; and that it was the recommendation of the Zoning and Planning Commission that the application be approved as requested. Mr. Kipp Layton, attorney representing the applicant, appeared and spoke in favor of this request and presented a site plan illustrating the pro- posed new construction; stated that the applicant is requesting that "AB" zoning be granted on the entire tract; that a loan commitment has been made for such con- struction and that construction previously has been on the basis of special per- mits; that they are requesting Professional Office zoning in order to handle future hospital -related expansions, including a 63 -bed convalescent home which is planned on the rear of the property, that there will be parking for 168 cars. In answer to questions from the Council, Mr. Layton stated that there have been no problems because of the sanitary fill area. No one appeared in opposition to the foregoing application. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace, seconded by Blackmon and passed, Jimenez abstaining, that Application #866-6, Parkview General Hospital, Inc., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on the Edwin E. Connor Tract, be tabled for further consideration. Commissioner Jimenez, requested that the record show that he is in favor of the application, but will abstain on a vote for the reason that he is a member of the Parkview Hospital Staff. Minutes Regular Council Meeting September 14, 1966 Page 17 Mr. Wm. C. Cunningham, appeared in connection with a request for a franchise to operate a closed circuit television system in the City of Corpus Christi, and directed the Council's attention to the request made several years ago which was tabled and no action had been taken. Mr, Cunningham left with the Council a copy of the proposed franchise and stated he wouldappreciate a study of it and hoped some action would be taken at. the Council's earliest -._nveniente. He further stated that a system of this type would he an asset to the community, not only as an additional source of income, but would permit a whole new industry which would provide an additional attraction to our growing tourist and convention business as well as to other industries. Mayor Furman accepted the application, and stated that it would be pre- sented to the Council for proper consideration. There being no further business to come before the Council, the meeting was adjourned.