HomeMy WebLinkAboutMinutes City Council - 02/02/1967 - SpecialPRESENT:
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
SPECIAL COUNCIL MEETING
February 2, 1967
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.
City Secretary T. Ray Kring called the roll of those in attendance.
Mayor Furman announced the purpose of the special meeting to hold public
hearings on four zoning applications, and such other business as might properly come
before the Council, and explained the procedure to be followed,
Mayor Furman announced the public hearing on Application #167-I, Whataburger
Drive -Inns, Inc., for change of zoning from "R -IB" One -family Dwelling District to "B -I"
Neighborhood Business District and "B-4" General Business District on Lot "B", Wilkey
Addition, Unit 2.
Larry Wenger, Senior City Planner, located the property on the map; pointed
out the zoning and land use of the surrounding area; explained that at the Commission
hearing held on January 3, 1967, Mr. Harmon Dobson, General Manager of Whata-
burger Drive -Inns, Inc., spoke in favor of the application and stated that the North
130 -foot portion of the subject property would be used for their Whataburger operation,
the next 158 -foot portion would be utilized as a site for a Baskin-Robbins Ice Cream
Parlor, and that the remaining 200 feet of frontage would be the site of a garden nursery;
that no one appeared in opposition; that the Staff had reported that 10 notices were
mailed, three received in favor and none in opposition; and stated that the Zoning and
Planning Commission had recommended that it be denied on the basis that approval would
create strip zoning, would tend to invite further strip zoning along Airline Road, and
would also increase traffic congestion across from a school.
Mr. John Thomason, local realtor, appeared and spoke on behalf of the
zoning request in the absence of Mr. Dobson, and stated that when Humble Oil &
Refining Company purchased this property they needed only that portion fronting on
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Special Council Meeting
February 2, 1967
Page 2
Padre Island Drive, but the owner would not sell unless the entire tract were purchased;
that now, Humble will sell to Mr. Dobson only if he agrees to purchase all of Lot "B";
stated that the applicant does not feel that the Whataburger operation would be a traffic
hazard or a hazard to the children attending the nearby school; pointed out that a loca-
tion on Padre Island Drive had been con: idered, b..:t this location on Airis"ne Road was
selected because it was felt that if Padre Island Drive were developed as an express-
way, there would not be sufficient traffic on the frontage roads to support such an
operation. Mr. Thomason further stated that the applicant would be willing to accept
"B-4" on the North 120 feet with the remainder to be zoned "A-2" Apartment Zoning.
No one appeared in opposition to the foregoing application.
Motion by McDaniel, seconded by Blackmon and passed that the hearing
be closed.
Motion by McDaniel, seconded by Blackmon and passed that the foregoing
application be tabled for further consideration.
Mayor Furman announced the public hearing on Application #167-2, Seven -
Up Bottling Company of Corpus Christi, for change of zoning from "A-2" Apartment
House District to "B-4" General Business District on Lots 1 & 2, Block 8, Jones
Addition.
Larry Wenger located the property on the map; pointed out the zoning and
land use of the surrounding area; explained that at the Commission hearing held on
January 3, 1967, Mr. Joe E. McManus, realtor, had represented the applicant and
stated that the Seven -Up Bottling Plant was in existence prior to zoning, and that when
this property was zoned it was given and "A-2" Apartment House District classification
which made the bottling plant a non -conforming use. Mr. Wenger stated that three
persons had appeared at the hearing in favor of the request and that no one had
appeared in opposition; that the Staff had mailed 10 notices, three received in favor
and none in opposition; and that it was the recommendation of the Zoning and Planning
Commission that the application be approved on the basis that the subject property
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Special Council Meeting
February 2, 1967
Page 3
is adjacent to an existing "B-5" zoning and approval will serve to give conformity to an
existing use.
Mr. Joe McManus appeared in support of the applicant, and stated that
the applicants wish to expand their plant, but in order to do so they must first have
the proper zoning, and pointed out the proximity of "B-5" zoning to the subject
property; stated that the requested "B-4" General Business District zoning would be
a logical extension of the existing zoning.
No one appeared in opposition to the foregoing application.
Motion by Jimenez, seconded by Blackmon and passed that the hearing
be closed.
Motion by Jimenez, seconded by McDaniel and passed that the recom-
mendation of the Zoning and Planning Commission be concurred in and that Application
#167-2, Seven -Up Bottling Company of Corpus Christi, for change of zoning from
"A-2" Apartment House District to "B-4" General Business District on Lots 1 & 2,
Block 8, Jones Addition, be approved on the basis that the subject property is adjacent
to existing "B-5" zoning and approval will serve to give conformity to an existing use,
and that an ordinance be brought forward effectuating the change.
Mayor Furman announced the public hearing on Application #167-4, the
American Housemoving Company, for change of zoning from "R -1B" One -family
Dwelling District to "1-3" Heavy Industrial District on Lot 2A, Fallins Riverside Sub-
division.
Larry Wenger located the property on the map; pointed out the zoning and
land use of the surrounding area; stated that at the Commission Hearing held on
January 3, 1967, the applicant, Mr. Hobart Taylor, had appeared on behalf of the
application; that three persons had appeared in opposition; that the Staff reported
seven notices were mailed, none received in favor and four in opposition, and that one
letter was received in opposition from a property owner beyond the statutory 200 -foot
notification area; that the recommendation of the Zoning and Planning Commission
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Special Council Meeting
February 2, 1967
Page 4
was that it be denied on the basis that approval would constitute spot zoning and,
furthermore, this area is experiencing residential growth.
Mr. Hobart Taylor appeared, and stated that he and his brother, Garth Taylor,
are owners of the American House Moving Company, and stated that following the
annexation of this area in 1964, they were granted an Interim Permit to continue the
operation of their business at this location for a period of two years; that the permit has
since expired and that they are asking for a permanent classification; and stated that
the Special Permit has made future planning uncertain, and for that reason would not
be interested in another Special Permit. Mr. Taylor further stated that ten years
ago they were forced to move their business from a location on Lexington Boulevard
because of the Expressway, and had moved out into the country following which move
they were annexed to the City. He stated that they would be willing to move from
the present location but that they cannot find a place which they can afford; stated
that they could use one-half of the present property for their business and the other
half for apartments; that the area, in his opinion, will never be suitable for residental
use.
Mr. Garth Taylor spoke in support of the application, and restated the
moving problems as explaned by his brother, Hobart Taylor, and the handicap of not
being able to spend a large amount of money because of the uncertainty of the zoning.
Mrs, J. B. Elliott appeared in opposition, and stated that she owns two
houses in the vicinity of the subject property and that she is opposed to the Heavy
Industrial District use on the basis that it would be detrimental to the residences in
the area.
Mr. J. T. Persons, Sr., a property owner just southeast of the subject
property, appeared in opposition to the request, stated that the storage of buildings on
the property createsa serious fire hazard for the surrounding area; that the moving of
the homes along Up River Road creates a serious traffic hazard, a health hazard, and
would have a degrading effect on residences in this area. Mr. Persons also stated that
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Special Council Meeting
February 2,. 1967
Page 5
he is in the process of developing a subdivision, having already completed two houses.
Mr. Atlee Cunningham, property owner southeast of the subject property,
appeared in opposition, stating that he had chosen this area on which to build his
home in 1958 because of its unique topography and view, and that he felt that to
allow this business to continue would detract from the value of his property and would
open the door for additional industrial zoning in the future.
Mrs. Gordon Rambo, a nearby property owner of 12 acres of land in the area,
appeared and opposed the subject request, stating that she felt it would be a serious
detriment to the appearance and value of the entire area.
Mr. Van Blacklock, 4616 Callicoatte, appeared and opposed the foregoing
request for the same reasons heretofore stated.
City Manager Whitney stated that five letters had been received in the
City Secretary's Office voicing opposition to the subject request.
No one else appeared in connection with the foregoing application.
Motion by Jimenez, seconded by Dunne and passed that the hearing be
closed.
Motion by McDaniel, seconded by Sizemore and passed that the foregoing
application be tabled for further consideration.
Mayor Furman announced the public hearing on Application #167-5, W. H.
Stahl, for change of zoning from "R -1A" One -family Dwelling District to "B-1"
Neighborhood Business District on Block "W", Lexington Place.
Larry Wenger presented the application; located the property on the map and
pointed out the zoning and land use of the area; stated that the subject property is
located on Kostoryz Road and presently being used as single-family dwelling; that at
the Commission hearing held on January 3, 1967, Mr. Stahl appeared in support of the
application and gave a resume of his past two attempts to have this property rezoned.
Mr. Wenger reported that the Staff had mailed 21 notices, 11 received in favor and
one opposition; that one letter and a petition containing the signature of two persons
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Special Council Meeting
February 2, 1967
Page 6
had been received since the hearing in favor of the request; stated that it was the recom-
mendation of the Zoning and Nanning Commission that it be denied, but in lieu thereof
"AB" Professional Office District be granted.
Mr. Stahl appeared in support of the application and cited the number of
times he has been before the City Council in an effort to have this property rezoned,
and stated that he felt he has been discriminated against on these occasions. Mr. Stahl
produced a written statement addressed to the Mayor and City Council, setting forth
the history and purported discriminations and asked that the City Secretary read it in
its entirety and that it be placed of record in the City Secretary's Office. This was done.
Mr. Stahl stated that because of his wife's health, he had originally requested
the zoning change so that he could make a living and at the same time be near his wife;
that he has no definite plans for developing the property, but stated he should be given
the same consideration as was shown Roy Smith, Jack Ryan, Ray Peterson and E. G.
Horne, stated that none of these had development plans. Mr. Stahl stated there has
been no uniformity of zoning in this neighborhood.
Mr. W. C. Echols, 4609 Townsend, appeared in support of the subject request,
stating that Mr. Stahl has his life savings invested in this property; that he has had
serious problems connected with his wife's health, and that he feels there has been
some injustice with regard to the zoning requests of Mr. Stahl. He further stated that
Mr. Stahl has had offers for the sale of the subject property if the zoning were changed
to "B-1"; that the establishment of the South Park Manor Rest Home in this area was a
mistake. He stated that in his opinion, the case of Mr. Stahl is a hardship case, is
a just application and should be given special consideration.
Commissioner Sizemore stated that the Council must judge all cases on merits
alone and not on personalities.
Mrs. Velma Mynier, owner of the South Park Manor Rest Home, appeared
and stated that there are at present 90 patients in the Horne and that their interest
should be considered; that it is not only in their interest but in the public interest;
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Special Council Meeting
February 2, 1967
Page 7
stated that Profession& District zoning should be applied for and that she would not oppose
that. Mrs. Mynier was accompanied by six of her patients who voiced their disapproval
of business zoning in the area.
Mrs. Stahl, also apoke, and stated that when Mrs. Mynier applied for re-
zoning of the property row occupied by the Rest Home, there were no objections voiced.
She also stated there is a filling station and "beer joints" in the vicinity of the property
in question; that Mrs. Mynier is the only objector.
In answer to questions from the Council, Mr. Stahl stated he would not be
satisfied with "B-1" zoning on one-half of the property and "AB" on the back one-half,
stating that he feels he should have the whole lot rezoned.
No one else appeared in connection with the foregoing application.
Motion by Dunne, seconded by Sizemore and passed that the hearing be
closed.
Motion by Sizemore, seconded by Dunne and passed that the foregoing
application be tabled for not more than one week for further discussion.
Mayor Furman announced that the Council had decided to officially reject
the offer of the Sage Investment Company involving the exchange of the Privateers
Club Property and approximately 13 acres of City owned Nature Park property. He
further stated it was the consensus of the Council that a youth center was most desirable
and there was a definite need for such a program but that the citizenry as a whole
should be interested and encouraged to support the program by the way of a capital
improvement program.
Mayor Furman relinquished the Chair to Mayor Pro Tem Blackmon.
Mayor Pro Tem Blackmon 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:
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Special Council Meeting
February 2, 1967
Page 8
a. That the award of a contract for the construction of the Oso Park Recrea-
tion Building be made to Walls -Cole Lumber Company in the amount of $58,979, on the
basis of low bid submitted;
b. That the award of a contract for the construction of the Oso Park Swim-
ming Pool be made to Braselton Construction Company in the amount of $77,770, on
the basis of low bid submitted;
c. That -the award of a contract for the construction of the Oso Park and
Channel View Park Parking Lots be made to King Construction Company for a total
amount of $14,611, of which amount $14,311 is for the construction contract and
$300 is for contingencies including laboratory and advertising costs..
Mayor Pro Tem Blackmon stated that a letter dated February 2, 1967, from
Associated General Contractors of America, Inc., had been received addressed to the
Mayor, in connection with the awarding of the contract on the Police Building which
stated in effect that they had polled the other bidders on this project and advised that
the other bidders had no objection to the City negotiating the proposed changes as set
forth in the recommendation and awarding a contract to the low bidder (See Letter
on File)
ORDINANCE NO. 8350
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF
THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH WALLS -COLE
LUMBER COMPANY FOR CONSTRUCTION OF THE OSO PARK RECREATION
BUILDING, APPLICABLE TO PROJECT NO. 291-64-3; APPROPRIATING OUT OF
NO. 291 PARK BOND FUND THE SUM OF $58,979 FOR THE CONSTRUCTION
CONTRACT; 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. 8351
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF
THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BRASELTON
CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE OSO PARK SWIMMING
POOL, APPLICABLE TO PROJECT NO. 291-64-3; APPROPRIATING OUT OF NO.
291 PARK BOND FUND THE SUM OF $77,770 FOR THE CONSTRUCTION CONTRACT;
AND DECLARING AN EMERGENCY.
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Special Council Meeting
February 2, 1967
Page 9
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 1°Aye".
ORDINANCE NO. 8352
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF
THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH KING CONSTRUC-
TION COMPANY FOR CONSTRUCTION OF THE OSO PARK AND CHANNEL VIEW
PARK PARKING LOTS, APPLICABLE TO PROJECT NO. 291-64-3; APPROPRIATING
THE SUM OF $4,260 OUT OF NO, 291 PARK BOND FUND; THE SUM OF $6,651
OUT OF NO. 111 TRUST FUND, ACCOUNT 1783; AND THE SUM OF $3,700 OUT
OF NO. 111 TRUST FUND, ACCOUNT 1777, FOR A TOTAL APPROPRIATION OF
$14,611, OF WHICH AMOUNT $14,311 IS FOR THE CONSTRUCTION CONTRACT
AND $300 IS FOR CONT'INGENCIES,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".
ORDINANCE NO. 8353
AUTHORIZING AND DIRECTING THE CVTY MANAGER,FOR AND ON BEHALF OF
THE CITY OF CORPUS CHRISTI,, TO EXECUTE A CONTRACT WITH BURNETT CON-
STRUCTION COMPANY, FOR CONSTRUCTION OF THE POLICE BUILDING
ADDITION AND EXPANSION, PROJECT NO. 207-64-4; APPROPRIATING OUT
OF NO. 207 PUBLIC BUILDING BOND FUND THE SUM OF $535,000 OF WHICH
$530,400 IS FOR THE CONSTRUCTION CONTRACT AND $950 IS FOR CONTIN-
GENCIES INCLUDING LABORATORY AND ADVERTISING COSTS AND $3,650
IS FOR ARCHITECTURAL FEES; 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. 8354
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER
AN AGREEMENT WITH SOUTHWEST RESEARCH INSTITUTE FOR THE CARE OF SEA
VIEW APARTMENT BUILDING, LOCATED ON THAT PARCEL OR TRACT OF LAND
DESCRIBED AS THE WEST 40 FEET, MORE OR LESS, OF LOT 1, BLOCK 93, BEACH
PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERIOD
BEGINNING WITH THE DATE OF EXECUTION OF THIS AGREEMENT AND ENDING
APRIL 30, 1969, FOR THE CARE, CUSTODY, CONTROL AND MAINTENANCE OF
SAID PROPERTY; AND DECLARING AN EMERGENCY.
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Special Council Meeting
February 2, 1967
Page 10
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. 8355
APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $4,347.50
OF WHICH $4,245 IS FOR' THE PURCHASE OF THE HEREINAFTER DESCRIBED PARCEL
NO. 1 AND $102.50 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, ALL
APPLICABLE TO PROJECT NO. 220-64-60 AIRLINE, ALAMEDA TO PADRE ISLAND
DRIVE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL
ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
TO ACQUIRE THE AFORESAID PARCEL FROM THE OWNER, REPROCO, INC.; 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. 8356
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGE,
SOUTHERLAND, PAGE AND WHITTET, ENLARGING THE AGREEMENT AUTHORIZED
BY ORDINANCE NO. 7707, INCREASING THE SCOPE OF SERVICES FOR THE
DESIGN OF PLANS FOR A CUSTOMS FACILITIES BUILDING AT CORPUS CHRISTI
INTERNATIONAL AIRPORT, PROJECT NO. 207-67-8; CANCELLING NO. 117
AIRPORT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 7707 IN THE
AMOUNT OF $2000; APPROPRIATING OUT OF NO. 207 PUBLIC BUILDING BOND
FUND THE SUM OF $6000 FOR ARCHITECTURAL SERVICES INCLUDED IN THE
HEREBY REVISED AGREEMENT; 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 voted "Nay".
Mayor Furman resumed the Chair,
City Manager Whitney presented a request of Mr. Tom Swantner asking that
the City Council waive the sidewalk requirement specified in the zoning change from
"R -1B" to "1-2" Light Industrial District on the Southwest Industrial Park, granted by
the City Council March 16, 1966, stating that the exact location of the sidewalks was
not specified, and since sidewalks are not required in industrial subdivisions, they are
asking that this requirement be waived.
The foregoing matter was tabled for further investigation and recommendation
from the Zoning and Planning Staff.
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Special Council Meeting
February 2, 1967
Page 11
Mrs. Tom Burke, President of the Corpus Christi. Council of Garden Clubs,
:appeared and urged the Council to consider the development of Nature Park as was
originally proposed; stating that the City could sell outright the 13 acres of the 23 -acre
parkthat fronts on South Alameda and that the funds could be used to develop the re-
maining 10 acres as a park of the City Council of Garden. Clubs; that the garden clubs
had envisioned that the park be planted with native plants and shrubs, labeled with
botanical names and be opened to visitors,
Mayor Furman stated that this request would be taken under advisement -
probably referred back to the Park. Board for recommendation.
There being no further business to come before the Council, the meeting
was adjourned ,