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HomeMy WebLinkAboutMinutes City Council - 04/26/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 26, 1967 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Jack Grant Gabe Lozano, Sr. Ken McDaniel City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by The Reverend John R. MacKinnon, Pastor of the First Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of April 19, 1967, were approved as submitted to the Council. Mayor Blackmon read and presented proclamations relative to the following: FIRST PRESBYTERIAN CHURCH CENTENNIAL WEEK, in Corpus Christi, the week of May 7 through 14, 1967, congratulating the congregation of the First Presbyterian Church upon the celebration of its First Century of service and in recognition of this notable event, received by Reverend John R. MacKinnon; LOYALTY DAY in Corpus Christi, May 1, 1967, concurring with National and State leaders in praising the concept of Loyalty Day, urging every citizen, school, church, organization, business establishment and home, to display the flag of the United States and to participate in public patriotic activities sponsored by the Veterans of Foreign Wars, received by T. J. Bayer. Mayor Blackmon recognized in the audience a group of Chattanooga Tennessee Exchange Students, accompanied by Miss Oneta Cummings, sponsor of the W. B. Ray High School Student Council. The Exchange group included: Debbie Stinson, Wendy Cox, Brad Buckshorn, Huey Long, Larry Feldman and Rob Sanderson. The group was visiting in Corpus Christi in a Student Exchange Program to promote good student government. Mayor Blackmon presented the students with Certificates of Attendance and a symbolic Key to the City of Corpus Christi, and suggested that the Key be placed in the trophy case of their high school bearing the names of these students who visited in this City Council today. Also present in the audience in connection with the fore- going program was Debbie Blackmon, daughter of the Mayor. Mayor Blackmon nominated the following persons for appointment to the Traffic Safety Advisory Board: Jim E. McClellan, Dr. Andries M. Strauss and W. G. Robb. Minutes Regular Council Meeting April 26, 1967 Page 2 Motion by Sizemore, seconded by Grant and passed that the foregoing nominations for appointment to the Traffic Safety Advisory Board be approved and confirmed. Mayor Blackmon nominated the following persons for appointment and reappoint- ment to the Board of Equalization: Odell Ingle and Hector de Pena for appointment, and Bill G. Read for reappointment. Motion by Bradley, seconded by Jimenez and passed that the foregoing nominations for appointment and reappointment to the Board of Equalization be approved and confirmed. Mayor Blackmon announced the opening of bids. Bids were opened and read for the purchase of four lots of Irrigation Equipment for Warehouse Inventory from the following firms: Alamo Iron Works; Cabot Piping Systems (Dallas); Can -Tex Industries (Mineral Wells); Goldthwaite's (San Antonio); McAllen Pipe & Supply Company; Maint-Engineering; Moody Sprinkler (Arcadia, Calif.); Mt. Vernon Plastic Pipe (Mt. Vernon); Ryerson (Houston); South Plumbing Supply; Standard Plumbing Supply; Stewart & Stevenson; Gulf Supply; Telsco Industries (Dallas); Venable Sprinkler (Irving);Watson Distr. (San Antonio). 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 Blackmon announced the pending item of Application #367-4, The Duaine Development Company, Inc., for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lots 1, 2 & 3, Glenoak Park, Unit 1, & Lots 4 through 13, Glenoak Park, Unit 2, on which a public hearing was held April 11, 1967, and called for a motion for the disposition of this matter. Motion by McDaniel, seconded by Grant and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #367-4, The Duaine Development Company, Inc., for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lots 1, 2 & 3, Glenoak Park, Unit 1, & Lots 4 through 13, Glenoak Park, Unit 2, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon called for the City Manager's Reports. Motion by Jimenez, seconded by Bradley and passed that the City Manager's Minutes Regular Council Meeting April 26, 1967 Page 3 Reports, Items "a" through "i" be accepted, and that the recommendations and re- quests be approved and granted as follows: a. That the public hearing on improvements of McArdle Road, from Greenwood Drive to State Highway 286, held on April 19, 1967, be officially closed, and that the Final Assessment Roll be approved; b. That an agreement with TDI Southwestern Airports Advertising, Inc., relative to advertising displays in the Terminal Building at the Corpus Christi International Airport, be authorized; c. That the City Manager be authorized to execute contracts with the Com- munity Committee on Youth Education and Job Opportunities, which will continue the City's participation in various activities of the Antipoverty Program, as set out in the contracts, be authorized; d. That an appropriation in the amount of $100.00 for the purchase of a drainage easement from Humble Oil and Refining Company, applicable to Project No. 295-67-51, Van Galen Ditch, Parcel No. 10, Flour Bluff & Encinal Farm & Garden Tracts, be authorized; e. That an ordinance be approved for first reading adopting the 1965 Fire Prevention Code and the 1966 amendments thereto; f. That the Corpus Christi City Code, pertaining to the Oso Municipal Golf Course Green Fees, be amended by amending the first six items of Section 18A-1, to become effective with the adoption of daylight savings time in the area, as follows: "Monthly rate (per individuall $12.00; Monthly Rates, good all days except Saturday, Sunday and Holidays, $9.00; Saturdays, Sundays and Holidays (per day), $2.00; Weekdays (per day) $1.50; Any day (May through October), after 4:30 p.m., Daylight Savings Time, $1.00; and any day (November through April, after 3:30 p.m., Daylight Savings Time"; g. That the date of May 17, 1967, Regular Council Meeting, be set for public hearing on an appeal relative to single mobile homes, Lot 10, Block 3, Flour Bluff Heights; and for Special Use Permit for individual trailer house or mobile home on a portion of Lot 15, Section 48, Flour Bluff & Encinal Farm & Garden Tracts; h. That the date of May 22, 1967, be set for unofficial public hearing at the Flour Bluff High School, and that the date of May 31, 1967, Regular Council Minutes Regular Council Meeting April 26, 1967 Page 4 Meeting, be set for public hearing on the proposed Master Sewer Plan for the Flour Bluff Area; i. That a revocable easement to Humble Oil & Refining Company to cross under Graham Road in the Flour Bluff Community with one 4" Asbestos -Cement Salt Water pipeline, be authorized in accordance with,Tthe terms set out in such easement. ORDINANCE N0. 8428 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR ANDON BEHALF OF THE CITY OF CORPUS CHRISTI, AN OIL, GAS AND MINERAL LEASE ON 376.575 ACRES OF LAND, CONSISTING OF 29 TRACTS OF LAND IN NUEOES COUNTY, TEXAS, SAID LEASE TO BE WITH COASTAL STATES GAS PRODUCING COMPANY FOR A 5 -YEAR PERIOD, BEGINNING APRIL 26, 1967, AND ENDING APRIL 25, 1972, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, TO BE PAID IN ADVANCE, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. time The foregoing ordinance was read for the thir4'and passed finally by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." ORDINANCE N0. 8429 CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF McARDLE ROAD FROM S.H. 286 TO GREEN- WOOD DRIVE, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, PROVIDING FOR ASSIGNABLE CERTIFICATES, THE MANNER AND TIPS OF PAYMENT AND COLLECTION; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye," ORDINANCE N0. 8430 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $100.00 FOR THE PURCHASE OF A DRAINAGE EASEMENT FROM HUMBLE OIL AND REFINING COMPANY, APPLICABLE TO PROJECT N0. 295-67-51, VAN GALEN DITCH; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE THE AFORESAID PARCEL AND EXECUTE SUCH INSTRUMENTS AND DO SUCH OTHER THINGS AS ARE NECESSARY TO ACQUIRE THE PARCEL DESCRIBED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." ORDINANCE N0. 8431 CLOSING THAT PORTION OF PADRE STREET, BETWEEN WEST BROADWAY AND THE INTERSTATE 37 FRONTAGE ROADS, LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO DEDICATION OF AN EASEMENT FOR AN EXISTING 4 -INCH GAS LINE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 26, 1967 Page 5 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." ORDINANCE NO. 8432 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $8,670 AS REQUIRED FOR CHANGE ORDER NO. 1, AUTHORIZED BY THE CITY COUNCIL APRIL 19, 1967, COVERING ADDI- TIONAL CONSTRUCTION IN CONNECTION WITH THE DODDRIDGE STREET IMPROVEMENTS, PROJECT NO. 220-56-76; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." ORDINANCE N0. 8433 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 ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDI_NANCE N0. 6106, AS AMENDED, UPON APPLICATION OF MR. ABE BLOCK, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 20 AND 21, BLOCK 2, LOS ANGELES HT7.TS, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "I-3" HEAVY INDUSTRIAL DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." ORDINANCE NO, 8434 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 ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF DUAINE DEVELOP- MENT CO., INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF ALL OF GLENOAK PARK, UNIT 1, AND ALL OF GLENOAK PARK, UNIT 2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT 'i0 "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." ORDINANCE N0. 8435 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO HUMBLE OIL & REFINING COMPANY TO CROSS UNDER GRAHAM ROAD IN THE FLOUR BLUFF COMMUNITY WITH ONE (1) 4" ASBESTOS - CEMENT SALT WATER PIPELINE, PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 26, 1967 Page 6 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." ORDINANCE NO. 8436 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING THE FIRST SIX ITEMS OF SECTION 18A-1. OF THE SAID CORPUS CHRISTI CITY CODE, PERTAINING TO THE OSO MUNICIPAL GOLF COURSE GREEN FEES, APPLYING TO PERSONS OTHER THAN SCHOOL CHILDREN; PROVIDING FOR AN EFFECTIVE DATE OF APRIL 30, 1967; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting"Aye." ORDINANCE NO. 8437 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES, A COPY OF EACH OF SAID CONTRACTS BEING ATTACHE) 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: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH TDI SOUTH- WESTERN AIRPORTS ADVERTISING, INC., PERTAINING TO ADVERTISING DISPLAYS IN THE TERMINAL BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." FIRST READING OF AN ORDINANCE ADOPTING THE 1965 FIRE PREVENTION CODE AND THE 1966 AMENDMENTS THERETO, RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION (FORMERLY KNOWN AS THE NATIONAL BOARD OF FIRE UNDERWRITERS); PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL FORMER ORDINANCES OR PARTS THEREOF CONFLICTING OR INCONSISTENT WITH THE PROVISIONS OF THE CODE HEREBY ADOPTED. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." Mr. Ronald Crow appeared and presented the Council with a petition, signed by approximately 80 persons in the western area of the City, asking, that an ambu- lance zone be created, using South Padre Island Drive at Highways 44 and 9, and Interstate 37 as boundaries and extending to all the areas west of these boundaries, Minutes Regular Council Meeting April 26, 1967 Page 7 for the purpose of any and all calls being dispatched from the Corpus Christi Police or Nueces County Sheriff's Department, and that the zone be covered exclusively by Clifford Jackson Funeral Home at Annaville, to eliminate the need for other ambu- lances to drive across town to make a call, thereby providing quicker service to this area. (Petition #67-13) Mayor Blackmon accepted the petition and advised Mr. Crow that the matter had already been discussed briefly, but that it would be given further consideration. Mayor Blackmon announced the meeting would be recessed for a brief period in order for the Zoning and Planning Staff to prepare the Council Chamber for the scheduled public hearings. Mayor Pro Tem Sizemore reconvened the meeting and resumed the Chair in the absence of Mayor Blackmon. Mayor Pro Tem Sizemore recognized Mr. Lee Scott who spoke and stated that Anastasio Lopez Sanchez, Consul of Mexico, had announced that the President of the Republic of Mexico had designated Special Ambassador Plenipotentiary Carlos Gonzalez- Parrodi as his personal representative to the ceremonies and festivities to be held in celebration of Cinco de Mayo Day May 5, and on behalf of Mr. Lopez, extended special invitations to the Council members to attend this event on this date. Mayor Pro Tem Sizemore announced the public hearing on Application #467-6, Mr. Frank Peerman for change of zoning from "R -1A" and "R -1B" One -family Dwelling Districts to "A-1" Apartment House District and/or amendment of Special Council Permit of August 24, 1966, and March 29, 1967, by amendment of site plan on prop- erty located North of Intersection of McArdle & Nile Drive. Larry Wenger, Senior City Planner, presented the application, located the property on the map and pointed out the zoning and land use of the area; stated that a large portion of the surrounding area is presently in cultivation and partially surrounded by the Pharaoh Valley Golf Course; stated that the request is for a townhouse complex, and pointed out that this request was not a new application as far as the area is concerned, but that the applicant had made some changes on the original site plan which was approved by the City Council on August 17, 1966; that the revised site plan indicates that five more units have been added to the pro- posed development and that traffic circulation on interior streets had been altered. Minutes Regular Council Meeting April 26, 1967 Page 8 Mr. Wenger stated that the request had been heard by the Zoning and Planning Commission on April 25, 1967, at which time Mr. Bob Peerman had appeared and presented the revised site plan showing the proposed traffic circulation. He further stated that the Staff had reported that six notices were mailed, none received in favor or against, and that it was the recommendation of the Zoning and Planning Commission that the request be approved subject to the conditions original- ly imposed upon this Special Use Permit and further provided that the width of the private streets be increased from 25 feet to 28 feet and that the radius on all corners in the complex be 25 feet. A prolonged discussion followed between the Staff and the Council with regard to the necessary width of the streets in a development of this type. Traffic Engineer Charles McLeroy stated that 25 feet is adequate at the intersections, but that private streets should be increased to 28 feet. Zoning and Planning Director Wm. Anderson stated that the changes proposed by Mr. Peerman greatly improve the project; that they add to the privacy of the development; that garage locations are changed so as to make a much more desir- able appearance and efficient development providing an open space in the center. He stated that the Fire Department has been consulted concerning the problem of getting fire equipment into the interior of the project and was advised that the turning radius is 32 feet for a pumper truck, and that the outside radius as pro- vided by Mr. Peerman is 35 feet. Mr. Anderson further stated that this is a very desirable project and an improvement over the original site plan, only provides for 5 more units and for different entrances and a more circuitous road through the project. Mr. Frank Peerman appeared and expressed his appreciation to the Council for expediting this matter; stated that the wider streets are acceptable, in that they do not feel very strongly one way or the other about the width of the streets; stated that the wider width streets may even enhance the development; does not affect the land ratio and present no building problems, that the main thing they are inter- ested in now is to get the Council's approval so that they can proceed with develop- ment. He further stated that some time ago a committee had spent a great deal of Minutes Regular Council Meeting April 26, 1967 Page 9 time on a revision of the Zoning Ordinance, and that no action had ever been taken, and stated that if the Council would permit him to be so bold as to suggest that this committee be reactivated for a study of the ordinance to provide, among other matters, guidelines for this type of development. Acting City Manager Marvin Townsend advised Mr. Peerman that a revision of the Zoning Ordinance will be reproduced within the next two weeks; that same changes are contingent on recommendations from the Area Development Committee. Mayor Pro Tem Sizemore stated that the foregoing matter would be on the agenda for consideration at Monday's Workshop Meeting. No one appeared in opposition to the foregoing zoning application. Motion by Bradley, seconded by Lozano and passed that the hearing be closed. Motion by Bradley, seconded by McDaniel and passed that the recommendation of the Zoning & Planning Commission be concurred in and that Application #467-6, Mr. Frank Peerman for change of zoning from "R -1A" and "R -1B" One -family Dwelling Districts to "A-1" Apartment House District and/or amendment of Special Council Permit of August 24, 1966 and March 29, 1967, by amendment of site plan, on a 10.82 -acre tract out of Lot 22, Section 17 and Lot 6, Section 29 of Flour Bluff & Encinal Farm & Garden Tracts, fronting approximately 737.25 feet on the Northeast right of way line of McArdle Road, beginning at a point approximately 1655 feet Southeast of the North- east corner of the intersection of Nile Drive and McArdle Road and extending in a Northeasterly direction approximately 615 feet for the most depth, be approved sub- ject to the conditions originally imposed upon this Special Use Permit and further provided that the width of the private streets be increased from 25 feet to 28 feet, that the radius on all of the corners in the complex be 25 feet, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Sizemore announced the public hearing on Application #367-5, South Texas Presbytery, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a 0.5371 -acre tract of land out of the South- west corner of the Central Park Presbyterian Church Tract, fronting 130 feet on Gollihar Road and extending approximately 180 feet for the most depth. Larry Wenger presented the application, located the property on the map, and pointed out the zoning and land use of the surrounding area; stated that at the Com- mission hearing held on March 28, 1967, the applicant had appeared in his behalf; Minutes Regular Council Meeting April 26, 1967 Page 10 that Mr, Turner Lambert, Mr, Enna Seago, and Mr. Cecil Lang, had voiced their approval; that Mr. H. T. Townsend appeared and stated that be wished to withdraw his opposition in view of the development contemplated, Mr. Wenger stated that the Staff reported that 23 notices were mailed, one received in favor and one in opposition, and that it was the recommendation of the Zoning and Planning Commis- sion that the request be denied, but in lieu thereof a Special Permit be granted to permit the construction and operation of a church office subject to a proper plat. Mr. Ralph Bennett, architect representing the applicant, appeared and presented. a model of the structure proposed. to be built; stated, that although a church is customarily permitted in the 5-15 One -family Dwelling District, it is the opinion of the City Staff that, because the South Texas Presbytery is a separate entity from the Central Presbyterian Church, it should be in the "AB" Professional Office District. He stated it will he a one-story structure with offices for four people and a library; that the offices will be used on Sunday for classrooms; that there will te adeguate parking, with the church and. church offices sharing the parking area. Mr. Howard Blake,and Mr, John. Curtis, Chairman of the Building Committee of the subject church, appeared and spoke in favor of the application. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded. by Lozano and passed that the hearing be closed. Motion by Jimenez, seconded by Bradley and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Acation #367-5, South Texas Presbytery, for change of zoning from uR-1B" One -family. Dwelling District to "AB" Professional Office District on a 0.5371 -acre tract of land out of the Southwest corner of the Central Park Presbyterian. Church Tract, fronting 130 feet on Gollihar Road and extending approximately 180 feet for the most depth, be denied, but in lieu thereof a Special Permit be granted to permit the construction and operation of a church office subject to a proper plat, and that an ordinance be brought forwari effectuating the change. Mayor Pro Tem Sizemore announced the public hearing on Application #367-6, Mr. and. Mrs. William J. Miller, Jr,, for change of zoning from "R -1B" Minutes Regular Council Meeting April 26, 1967 Page 11 One -family Dwelling District to "AB" Professional Office District on Lot 21, Block 4, Cullen Place No. 1. Mr. Wenger presented the application; located the property on the map and described the zoning and land use in the area; stated that at the Commission hearing held on March 28, 1967, Mr. Wm. Mobley, attorney had represented the applicant; that Mrs. Miller and one other person had appeared in favor, and that no one had spoken in opposition. Mr. Wenger stated that the Staff had reported that 23 notices were mailed, six received in favor and two in opposition, and that it was the recommenda- tion of the Zoning and Planning Commission that the application be denied, but in lieu thereof a Special Permit be granted for a day-care nursery subject to continu- ous maintenance of the existing fence. Mr. Mobley appeared and stated that this request was initiated in order that his clients might operate a commercial day-care center for children in their home, and stated that they are not particularly interested in rezoning, but rather wish only a Special Permit. Mr. Mobley stated that the area in which the subject property is located is in Cullen Place No. 1, which is occupied by young couples with small children, and that there is a definite need for the proposed day nursery. He further stated that his client now has a permit from the State Welfare Office to care for four children, and that if the Permit is granted, they propose to care for 16 to 20 children and will operate between the hours of 6,30 a.m. to 6,30 p.m. Mr. Mobley presented to the Council a site plan showing parking for four cars and a fenced play area for the children. Mrs. S. W. Bryan, a nearby resident, stated that in her opinion a nursery would be a definite convenience to the area, and stated that she is very much in favor of the request. Mrs. Moon of the Child Welfare Division appeared and spoke in favor of the request, and stated that Mrs. Miller's present day nursery is licensed, and further stated that any day nursery has to comply with certain standards and regu- lations before they can be licensed. Mrs. Moon stated that she would assure the Council that if the Special Permit is granted, regulations will be complied with, that if they are not complied with, she would be forced to revoke the license. Mrs. Miller, applicant, spoke in behalf of her request and stated that she would comply with all requirements. No one appeared in opposition to the foregoing application. Minutes Regular Council Meeting April 26, 1967 Page 12 Motion by Jimenez, seconded by Bradley and passed that the hearing be closed. Motion by Lozano, seconded by Grant and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #367-6, Mr. and Mrs. William J. Miller, Jr., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 21, Block 4, Cullen Place No. 1, be denied, but in lieu thereof a Special Permit be granted for a day-care nursery subject to continuous maintenance of the existing fence, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Sizemore announced the public hearing on the request to close all streets and alleys bounded on the North by Beach Avenue, on the East by Timon Boulevard, on the South by Gulf Spray Avenue, and on the West by Highway #181, Brooklyn Addition, except that portion of said streets and alley closed on March 22, 1967. Assistant City Manager Marvin Townsend presented the recommendation and stated that the proposal had been initiated following the recent request to close the 400 Blook of Neal Street, and a 20 -foot alley between Lots 10 and 12, and Lots 9 and 11, Block 66, and between Lots 1 & 3 and 2 & 4, Block 67; which was granted subject to retaining an existing utility easement in Neal Street. Mr, Townsend stated that the Harland Bartholomew and Associates' Master Plan for the development of Corpus Christi Beach emphasizes the necessity for abandonment of unneeded streets so that large areas of land will be available for development; pointed out the location on a map, and stated that the proposal had been circulated to the affected City Departments and that no objections had been offered to the closing and abandonment of the subject streets, providing that easements will be retained where utilities exist. Mr. Pat Horkin, representing himself and Mr. Ed Prichard, appeared and spoke in favor of the proposal to close the streets and alleys for the reasons already stated. Mr. George Haney of Guaranty National Bank, appeared and stated that he did not object to the general plan for the development of Corpus Christi Beach, but objected to the closing of Seagull street until such time as all of the street can be closed, stating that they own two lots facing on Seagull and that they feel Minutes Regular Council Meeting April 26, 1967 Page 13 the closing of this portion would be a detriment to their property as it would affect their access. No one else appeared in opposition to the foregoing request. Motion by Bradley, seconded by Grant and passed that the public hearing for the closing of certain streets and alleys in Brooklyn Addition, be recessed, pending further information in connection with Seagull Street. Mr. Earl Carter appeared and complained that a fence shielding a car wash business from residential property near Delphine and Weber Streets, required as a condition of zoning, is not being properly maintained; that there are large gaps in the fence which does not stop traffic; and that the car wash business is com- pleted and is now in use. Mayor Pro Tem Sizemore stated that this matter was heard by the prior Council, and that'the present Council is not aware of all the details connected with this situation, and requested that Assistant City Manager Townsend provide information for discussion at Workshop Meeting Monday. ORDINANCE NO. 8438 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 ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF FRANK PEERMAN pY GRANTING A SPECIAL PERMIT ON A 10.82 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOT 22, SECTION 17, AND LOT 6, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, WHICH SPECIAL PERMIT SHALL BE SUBJECT TO CERTAIN CONDITIONS IM- POSED ON THE SPECIAL PERMIT GRANTED, AS MORE FULLY HEREINAFTER SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye." There being no further business to come before the Council, the meeting was adjourned. I, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of April 5, 1967 through April 26, 1967, in- clusive, and having been previously approved by Council action, are by me hereby approved. ik. R.BL.KMON, MAgOR CofCorpus Christi, Texas