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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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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; Minutes 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: Minutes 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. Minutes 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. Minutes 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. Minutes 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 ,