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HomeMy WebLinkAboutMinutes City Council - 01/04/1967PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R Blackmon Commissioners: Patrick J . Dunne Dr. P. Jimenez Ken McDaniel Ronnie Sizemore Wm. H. Wallace MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 4, 1967 2:00 p.m. City Manager Herbert W. Whitney Assistant City Attorney Robert Young City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The Invocation was given by Reverend Father Constantine Rogakos of St. Nicholas Greek Orthodox Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by Dunne and passed that the Minutes of the Regular Council Meeting of December 21, 1966, and of the Regular Council Meeting of December 28, 1966 be approved as furnished to the Council . Mayor Furman recognized Dr. W. H. Colson, Chairman of the Human Relations Committee, who was present for the purpose of making a formal report to the Council of the Special Subcommittee of the Human Relations Committee, which Subcommittee was appointed in October, 1966 to investi- gate charges of racial discrimination against the Transportation Company. Dr. Colson spoke and commended the Mayor and Council for their efforts in getting bonds approved for the acquisition of the Bus System, and by way of preliminary explanation stated that while the application of the City of Corpus Christi to the Department of Housing and Urban Development for partial payment of the cost of acquisition of the Transportation Company was pending, two local attorney's, Noe C. Garza and Gil C. Garza, Jr., sent a telegram to the Department making seven allegations of racial discrimination against Latin Americans by the Bus Company; that this telegram was purportedly based on the statments of two bus drivers employed by the Bus Company; that the Human Relations Committee had been asked to investigate the charges of discrimination and make a full report of its findings to the City Council; and that subsequently, a Subcommittee of seven members, headed by Assistant City Attorney and Human Relations Administrator for the City, Charles J . Macmanus, was appointed . Minutes Regular Council Meeting January 4, 1967 Page 2 Dr. Colson named the Subcommittee, Reverend Fred Swearingen, Reverend Reynell Parkins, William A. Seale, E. E. Mireles, Mrs. George Farenthold, and William Bonilla, and stated that the Committee had held numerous and extensive meetings including hearing from 18 witnesses, and that the Subcommittee had found no discrimination. Mr. Charles Macmanus presented copies of the report to members of the Council and discussed its contents in detail; enumerated the charges as follows: (1) "New buses always go to Anglo sections of town"; (2) "Old buses relegated to Latin Sections"; (3) "Predominately Latin sections have poor bus service"; (4) "Latins discriminated against in the appointment of supervisors or assistants, regardless of seniority"; (5) "Present administrators have a past and present history of racial discrimination in assign- ing charter runs, where driver receives extra compensation, to Anglos. Latin is assigned only when Anglo drivers unavailable"; (6) "Present Administration has never hired Latin office help although the same is in oversupply"; and (7) "Latin drivers, although trained for charter service, are used to relieve Anglos on local runs in order to make Anglos available for charter''. Mr. Macmanus further stated that charges of discrimination were without foundation, but that service was lacking in some areas occupied predominately by Negros and Latin Americans and conceded that this could be interpreted as discrimination, and that to improve this situation the Sub- committee is submitting the following recommendations: (1) That the City adopt a policy to provide bus service to all areas of the City even if this means subsidizing some of the routes: (2) That the zoning concept of establishing fares be abandoned since it works its greatest hardship on the poor, who must travel out of their areas both for medical services and employment; (3) That some thought be given to a shuttle bus from the poor areas directly to the Driscoll and Memorial Hospitals; (4) That the City seek to establish some kind of bus service on Sundays and Holidays; (5) That the City consider some form of discount cards that would be available for needy cases; and (6) That some method be found by which the City can receive complaints from the riding public relative to the bus system. Mr. Macmanus further stated that the Subcommittee feels that the Human Relations Committee should reconsider the operations of the Bus System after a reasonable time to evaluate its service to the citizenry whenever warranted. Mayor Furman commended the Human Relations Committee and the Subcommittee for its work, and recognized those members that were present in the audience: Mrs. Ed Harte, Ex -officio, Minutes Regular Council Meeting January 4, 1967 Page 3 Reverend Fred Swearingen, William A. Seale, Mrs. George Farenthold, Preston Pullam, Taylor Zimmerman, and A. G. Guzman; Chairman Mr. Macmanus, Dr. Colson, and Ronnie Sizemore, Council Member. Motion by Dunne, seconded by Blackmon and passed that the report of the Subcommittee of the Human Relations Committee be accepted, and that it be filed of record in the office of the City Secretary.( Council Exhibit #67-1) Mayor Furman called for the City Manager's Reports. Motion by Sizemore, 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 the Crockett Heights Annex B, West Guth Park, 14th and Marguerite Street Improvements be made to Fowco Construction Company on the basis of low bid meeting specifications, and that appropriation in the amount of $56,000, of which amount $51,408.37 is for the construction contract and $4,591 .63 is for contingencies, be approved; b. That the Plans and Specifications for street improvements and relocation of water line on Airline Road from South Padre Island Drive to Alameda Street, be approved, and that authority to advertise for bids to be received January 25, 1967, be granted; c. That the City Manager be authorized to accept the offer of amending Paragraph 4 of the letter dated April 28, 1965, from the Corpus Christi State National Bank to the City of Corpus Christi and accepted by Ordinance No. 7568, to increase interest rates paid by the Bank on Certificates of Deposit; d . That an agreement with Thomas Y . Pickett & Company, Inc ., of Dallas, for the purpose of appraisal and evaluation of oil and gas properties and pipelines in the City for tax assessment pur- poses, be authorized, and that $5,700 be appropriated to cover the cost of these services; e. That the authority to advertise for bids on an oil and gas lease on 100.32 acres of land (West Side Sewer Plant Site) to be received January 25, 1967, be granted; f . That Change Order No. 2, for Project "Ramp Extensions 1966" at Corpus Christi Inter- national Airport, under contract with Fowco Construction Co., Inc., authorized by Ordinance No. 8053, be authorized, and that appropriation in the amount of $11,939.60, of which $10,607.17 is Minutes Regular Council Meeting January 4, 1967 Page 4 for payment of the City's portion of said Change Order, and $1,332.43 is for engineering fees, in- spection and laboratory costs, be authorized; and that enlargement of contract with Reagan and McCaughan for engineering services authorized by Ordinance No. 7867 to provide services for con- struction of apron and taxiway, be authorized; g. That the authority to advertise for bids on Automotive Equipment to be received January 25, 1967, be granted; h . That the bid award on One Turbidimeter - range 0 - 200 P . P . M. and Two Turbidimeters range 0 - 20 P. P. M., be made to Hach Chemical Company of Ames, Iowa, in the amount of $1,831 .35 on the basis of low bid meeting specifications; (Bid Tabulation #67-1) i . That the bid award on Radio Equipment be made to the following firm on the basis of low bid meeting specifications, for a total sum of $18,461: (Bid Tabulation #67-2) Motorola Communications & Electronics, Inc. - Corpus Christi: 13 60 Watt, 12 Volt, Transistor -powered mobile transmitter & receiver, trunk mount, & std . accessories. Items 1,3 & 4) @ $574.00 Unit Price x 13 $ 7,462.00 3 60 Watt, 12 volt, transistor -powered mobile Transmitter & receiver, trunk mount, & std . accessories for Fire Service; equipped w/10 Watt transistor amplifier& outside speaker. (Item 2) @ $720.00 Unit Price x 3 $ 2,160.00 7 25 Watt, 12 volt, transistor -powered mobile transmitter & receiver, trunk mount, & std. accessories. (Item 5) @ $520.00 Unit Price x 7 $ 3,640.00 6 1 .4 Watt, Battery -powered portable FM 2 -Way Radio. (Items 6 & 7) @ $523.00 Unit Price x 6 $ 3, 138.00 3 7-10 Watt, 12 volt, transistor -powered mobile transmitter & receiver, rear mount for Solo Motorcycle & Std . accessories (Item 8) @ $687.00 Unit Price x 3 $ 2,061 .00 1. That the Tax Error and Correction List for the months of October and November, 1966, be approved; k. That the request of the Flixible Company to postpone the bid opening date on 8 Air conditioned buses, from January 11, 1967, to January 18, 1967, in order to allow more time to pre- pare bid presentation, be granted. City Manager Whitney presented the application of Pan American Petroleum Corporation to drill Well No. 1, State Tract Unit 469, Corpus Christi Bay, and located the proposed well site on the Minutes Regular Council Meeting January 4, 1967 Page 5 map; stated that the proposed well's bottom hole location is in Tract 469 and the surface location is in Tract 88, 410 feet from the northeast line and 2890 feet from the northwest line of State Tract 88, in the cluster now operated by Cities Service Oil Company; that the proposed well is to be directionally drilled to a true vertical depth of 10,800 feet below the mean water level, and is not within the Bay, Park and Recreation Area; stated that the proposed casing program is in order; that a certificate of insurance and the required $500 filing fee are submitted with the application. Mr. Whitney further stated that the application has been approved by the Bay Drilling Committee and conforms to the amended Bay Drilling Ordinance and that he recommends approval subject to receipt of the Texas Railroad Com- mission Permit which has been applied for. No one appeared in opposition to the foregoing application . Motion by Blackmon, seconded by Dunne and passed that the application of Pan American Petroleum Corporation to drill Well No. 1, State Tract Unit #469, Corpus Christi Bay, be approved, as applied for subject to receipt of the Railroad Commission Permit. City Manager Whitney presented the application of W. W. Walton for a supplemental permit to rework W. W. Walton, Jr., No. 1, Lottie L. Hunter. Mr. Whitney pointed out the location on a map as being a 9.554 acre tract of land out of the northerly part of the J . B. Hunter lands lying south of Interstate No. 37 in the Tuloso-Midway area within the City limits. Mr. George Prowse was present on behalf of the applicant and stated that the well for which this supplemental permit is sought was existing at the time of annexation of said lands; stated that the Southern Coast Corporation owns an oil, gas and mineral lease and the leasehold estate created thereby on the lands lying south and southeast of the Walton lease, and that this Corporation has no objection to Mr. Walton's plans to re-enter and rework the well; further, that they waive all notice of the filing of the application, and publication of notice. Mr. Prowse stated that an emergency exists because of a 6 -months delay in operations and that the expenditure of keeping the rig standing by is burdensome. Mr. Whidhey stated that the foregoing application had been received in the office of the City Secretary immediately prior to the meeting and that he had not had an opportunity to review the application and was not in a position to make a recommendation at this time. Minutes Regular Council Meeting January 4, 1967 Page 6 Commissioner Wallace stated that he had briefly reviewed the application and was personally familiar with its location in relation to hazard zones and other requirements, and would recommend its approval . Motion by Wallace, seconded by Sizemore and passed that the application of W. W. Walton for a supplemental permit to rework W. W. Walton, Jr., No. 1, Lottie L. Hunter, be approved subject to further investigation and recommendation of City Manager Whitney. ORDINANCE NO. 8301 SETTING UP, CREATING AND DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO FORTY- SEVEN (47) WARDS; DESCRIBING SAID WARDS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT 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's ORDINANCE NO. 8302 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO FORTY-SEVEN(47) ELECTION PRECINCTS FOR AND IN WHICH ALL MUNICIPAL ELECTIONS SHALL HEREAFTER BE HELD IN AND FOR SAID CITY AND SAME SHALL BE KNOWN AS ELECTION PRECINCTS NUMBERS ONE (1) THROUGH FORTY-SEVEN (47), INCLUSIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 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" ORDINANCE NO. 8303 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $200,000 PARK BONDS FOR COLE PARK; $100,000 AIRPORT CUSTOMS AND IMMIGRATION BUILDING BONDS; $750,000 SANITARY SEWERAGE BONDS; $975,000 DRAINAGE IMPROVEMENT BONDS; $5,965,000 STREET IMPROVEMENT BONDS; $1,800,000 STREET IMPROVEMENT BONDS FOR NAVAL AIR STATION ROAD IMPROVEMENTS ; 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 January 4, 1967 Page 7 ORDINANCE NO. 8304 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH FOWCO CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE CROCKETT HEIGHTS ANNEX B, WEST GUTH PARK, 14TH AND MARGUERITE STREET IMPROVEMENTS, PROJECTS NO. 220-61-69.11 AND NO. 291-64-1; APPROPRIATING OUT OF NO. 220 STREET BOND THE SUM OF $56,000, OF WHICH $51,408.37 IS FOR THE CONSTRUCTION CONTRACT AND $4,591 .63 IS FOR CONTINGENCIES INCLUDING ENGINEERING, LABORATORY, LEGAL ADVERTISING AND WITNESS COSTS, AND APPROPRI- ATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $6,000, OF WHICH $5,500 IS FOR THE CONSTRUCTION CONTRACT AND $500 IS FOR CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye" . ORDINANCE NO. 8305 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THOMAS Y. PICKETT & COMPANY, INC., OF DALLAS, TEXAS, FOR THE PURPOSE OF APPRAISAL AND VALUATION OF OIL AND GAS PROPERTIES AND PIPELINES IN THE CITY OF CORPUS CHRISTI FOR TAX ASSESSMENT PURPOSES, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF GENERAL FUND 102 THE SUM OF $5,700.00 FOR PAYMENT OF THE AFORESAID SERVICES; 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. 8306 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AN OFFER OF AMENDING PARAGRAPH 4 OF LETTER DATED APRIL 28, 1965, FROM CORPUS CHRISTI STATE NATIONAL BANK TO CITY OF CORPUS CHRISTI AND ACCEPTED BY THE CITY BY ORDINANCE NO. 7568, A COPY OF WHICH AMENDMENT 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. 8307 DECLARING ABANDONED THE 10 -FOOT UTILITY EASEMENT HERETOFORE EXISTING IN LOT 4R, BRASLAU ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting January 4, 1967 Page 8 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. 8308 APPROPRIATING AND REAPPROPRIATING OUT OF GENERAL FUND 102 THE SUM OF $45,346.50 FOR ACQUISITION OF THE WESTERLY 40 FEET, MORE OR LESS, OF LOT 4, AND ALL OF LOT 9, BLOCK 93, BEACH PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID SUM TO INCLUDE TITLE EXPENSE, COURT COSTS AND PURCHASE PRICE; AUTHORIZ- ING AND DIRECTING THE CITY MANAGER TO ACQUIRE THE AFORESAID PARCEL FROM MRS. MARGARET BABB, A FEME SOLE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, McDaniel, Sizemore and Wallace present and voting "Aye" . Jimenez voting "Nay" . ORDINANCE NO. 8309 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE CHANGE ORDER NO. 2 FOR PROJECT "RAMP EXTENSIONS 1966" AT CORPUS CHRISTI INTERNATIONAL AIRPORT WHICH IMPROVEMENTS ARE NOW UNDER CON- TRACT WITH FOWCO CONSTRUCTION CO., INC., AUTHORIZED BY ORDINANCE NO. 8053; APPROPRIATING THE SUM OF $11,939.60 OUT OF NO. 117 AIRFIELD FUND, OF WHICH AMOUNT $10,607.17 IS FOR PAYMENT OF THE CITY'S PORTION OF CHANGE ORDER NO. 2 AND $1,332.43 IS FOR THE CITY'S PORTION OF ENGINEERING FEES, INSPECTION AND LABORATORY COSTS FOR CERTAIN IMPROVEMENTS DESCRIBED IN SAID CHANGE ORDER NO. 2; AUTHORIZING ENLARGEMENT OF THE CONTRACT WITH REAGAN AND McCAUGHAN, ENGINEERS, FOR ENGINEERING SERVICES AUTHORIZED BY ORDINANCE NO. 7867 SO AS TO PROVIDE FOR SERVICES FOR CONSTRUCTION OF APRON AND TAXIWAY AUTHORIZED BY CHANGE ORDER NO. 2; 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" Mr. William Barfield, 137 Tropical Lane, appeared and complained that air pollution, which has been espically bad recently because of the north winds, is damaging his orchid business, and stated that he is in the process of obtaining expert technical advice and has a plan whereby he will set up equipment for the purpose of taking air samples; that the State Health Department will analyze his samples at the City's request, and that he is seeking the City's cooperation in this regard. City Manager Whitney advised Mr. Barfield that he has previously asked the State to make a city-wide air pollution study, and that this is expected to be done next summer or fall after studies for Minutes Regular Council Meeting January 4, 1967 Page 9 other cities on the waiting list are completed; that he is a member of the Texas Air Control Board and will be in Austin January 5, for a hearing by the Board, and that he will at that time examine the procedure for assisting him. Motion by Wallace, seconded by Jimenez and passed that City Manager Whitney be authorized to cooperate with Mr. Barfield in having air samples analyzed. Mayor Furman announed the Council would recess briefly to allow the Zoning & Planning Staff to prepare the Council Chamber for the scheduled zoning hearings, at which time Commissioner Blackmon departed. Mayor Furman reconvened the meeting and announced the Council would now hold the scheduled public hearings and explained the procedure to be followed. Mayor Furman announced the public hearing on Application #1266-1, Dr. David T. Moore, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 15 and 16, Block 6, Koolside Addition. Larry Wenger, Senior City Planner, located the property on the map as being on Airline Road; pointed out the zoning and land use of the area; stated that the property in question is now vacant, and that the applicant proposes to purchase the property contingent upon the zoning change to construct and operate a Montessori School; that at the Commission hearing held on December 6, 1966, Mr. Harry Dobbs, attorney, had represented the applicant; that Mr. Guy D. Winstead had appeared in favor of the request, stating that, in his opinion, Airline Road is no longer a residential street. Mr. Wenger stated that the Staff had reported 25 notices were mailed, three received in favor and three in opposition; and that it was the recommendation of the Zoning and Planning Com- mission that the application be denied, but in lieu thereof a Special Permit be granted subject to adequate screening and a site plan showing adequate traffic circulation. Mr. Harry Dobbs, attorney, appeared representing the applicant, and stated the applicant's intentions for improving the property in question; stated that the proposed Montessori School will have a maximum enrollment of twenty students ranging in age from three to six years with instruction restricted to the morning hours; that the subject property is comprised of two lots totaling 18,070 square feet which will be sufficient to allow a circular drive which will eliminate additional traffic Minutes Regular Council Meeting January 4, 1967 Page 10 congestion, and that the type of structure contemplated will be in the $15,000 to $20,000 price range. He further stated that, in his opinion, "AB" zoning will allow the highest and best use of the property, and that the anticipated traffic increase along Airline Road will not be suitable for single family dwellings. No one else appeared in favor or in opposition to the foregoing application. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed . Motion by Wallace, seconded by Sizemore that "AB" Professional Office District zoning as applied for, be granted on Lots 15 & 16, Block 6, Koolside Addition. Commissioner McDaniel stated that, in his opinion, to grant "AB" zoning on the property in question, would be a definite case of strip zoning. On vote of the Council on the foregoing motion, Wallace and Sizemore voted "Aye", Dunne voted "Nay", Jimenez and McDaniel abstained, and Mayor Furman declared the motion had failed. Motion by McDaniel, seconded by Dunne and passed that the recommendation of the Zoning and Planning Commission be concurred in to deny Application #1266-1, Dr. David T. Moore, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 15 & 16, Block 6, Koolside Addition, but in lieu thereof a Special Permit be granted subject to adequate screening and a site plan showing adequate traffic circulation, and that an ordinance be brought forward effectuating this special permit. Mayor Furman announced the public hearing on Application #1266-3, Mr. Pablo Salazar, for change of zoning from '12-1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 6, Block 2, Hudson Acres. Larry Wenger located the property on the map, and pointed out the zoning and land use of the area; stated that at the Commission hearing held on December 6, 1966, Mr. Moises Hernandez had represented the applicant; that one person had appeared in favor and that four persons had opposed the application; that the Staff had mailed out 17 notices, four received in favor and two in opposition, and that it was the recommendation of the Zoning and Planning Commission that the application be denied on the basis that approval would constitute spot zoning and would tend to accelerate the deterioration of the surrounding residential area. Minutes Regular Council Meeting January 4, 1967 Page 11 Mr. Faries P. Wade, attorney, appeared on behalf of the applicant and stated that Mr. Salazar proposed to operate a neighborhood grocery store on the property in question, and pointed out that there is only one such store in the immediate area, and that it is insufficient to meet existing needs. He further stated that the building on the property was more than one-half constructed before it was annexed into the City; that it should be considered a hardship case; that the applicant has been doing all the work himself; that he had been issued an electrical permit, but that two months ago when he applied for a permit to install the plumbing, he was told that he would have to apply for a zoning change, and that this was the first knowledge he had of this situation. Mr. Wade further stated that his client would accept a Special Council Permit for the operation of the proposed small grocery store and would comply with any restrictions the Council imposed. Mr. & Mrs. Salazar, applicants, were present in support of the application. Mr. Dave Coover, Attorney, appeared and stated that he represented approximately 59 adjacent property owners whose signatures appear on a petition stating that they strongly oppose the application in question on the basis that it is spot zoning and that there is no need for any additional business zoning in this area; that any additional business zoning would create a traffic hazard for children in the area, some of whom live immediately adjacent to the subject property. He further stated that the Applicant had every reason to know that he was in the City limits and should not have continued the construction without a permit. A resident of 1321 Main Drive, owner of the aforementioned grocery store, appeared and opposed the application on the basis that there is no need for another grocery store in this area; that her business is not a flourishing one; that a permit was granted some time ago for a similar business and that it did not succeed and now stands vacant for juvenile vandalism. Approximately ten persons stood up in the audience in concurrence with the statements of the grocery store owner opposing the application. No one else appeared in favor or in opposition to the application. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Wallace, seconded by Dunne and passed, that Application #1266-3, Mr. Pablo Salazar, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Minutes Regular Council Meeting January 4, 1967 Page 12 Business District on Lot 6, Block 2, Hudson Acres, be denied on the basis that approval would consti- tute spot zoning and would tend to accelerate the deterioration of the surrounding residential area. Mayor Furman announced the public hearing on Application 41266-4, Mr. Victor Dlabaja, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 23A, 23B & 23C, Block 2, Mahan Acres. Larry Wenger, located the property on the map, pointed out the zoning and land use of the area; stated that at the Commission hearing held on December 6, 1966, Mr. John Thomason, realtor, had represented the applicant; that three other persons had appeared in favor of the request and none against; that the Staff reported that 14 notices were mailed, four returned in favor and none in opposition; and that the Zoning and Planning Commission had recommended that the application be approved as requested. Mrs. Fay S. Johns, 4821 Kostoryz Road, appeared and expressed her approval of the request and stated that in her opinion the remainder of Kostoryz should be zoned for business, as it is no longer suitable for residential development since it is almost impossible to secure FHA loans for residences. Mr. W. H. Stahl, 4901 Kostoryz Road also appeared and expressed his approval of the application in question and stated he hoped there would be no further discrimination on Kostoryz. No one else appeared in favor or in opposition to the foregoing application. Motion by McDaniel, seconded by Dunne and passed that the hearing be closed. Motion by McD-niel that the foregoing application be tabled for further consideration, the motion died for lack of a second. Motio,:.by Wallace, seconded by Dunne and passed, McDaniel voting "Nay" and Sizemore disqualifying himself, that Application #1266-4, Mr. Victor Dlabaja, for change of zoning from "R-1 6"One-family Dwelling District to "B-1" Neighborhood Business District on Lots 23A, 23B & 23C, Block 2, Mahan Acres, be approved as applied for, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned.