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HomeMy WebLinkAboutMinutes City Council - 05/10/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 10, 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 Reverend H.W. Bartlett, Pastor of Parkway Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of May 3, 1967, were approved as submitted to the Council. Mayor Blackmon read and presented proclamations relative to the following: SAFETY PATROL WEEK in Corpus Christi, May 14 through 20, 1967, in recognition of the safety program sponsored by the Corpus Christi Independent Insurance Association, the Corpus Christi Police Officers Association, and other interested groups and individuals, for the protection of children from accidents while on their way to and from school, received by Police Officer Jimmy Thompson; KNIGHTS OF COLUMBUS WEEK in Corpus Christi, May 11 through 17, 1967, in recognition of the lofty ideals of this organization, having as its objectives, charity, unity, fraternity and patriotism, received by Mr. Bob Cantwell. Also present in connection with Knights of Columbus \Peek were Charles Kaler,Jr., Bernard Jesko, Frank Lane, Mike Arsuaga, Alfred Nicolas, and Clemente Garcia Mayor Blackmon recognized Mr. Henry Schultz, Station Director of NASA Flight Network Tracking Station, who presented to the City Council samples of sand collected from 13 worldwide NASA Tracking Stations. Mr. Schultz explained that he had solicited the assistance of the various tracking stations for contributions of samples of sand after learning that Planning Director William Anderson had a collection of some 20 samples from various beaches in the world; Mr. Anderson accepted the samples and stated that they are used in conjunction with beach planning; thanked Mr. Schultz, and exhibited a sample from Padre Island and stated "it is the finest in the lot; we have raised our sights, and hope the next sample will be from the moon." Minutes Regular Council Meeting May 10, 1967 Page 2 Mayor Blackmon recognized Miss Anne Dodson, Chairman of the Citizens' Committee for Community Improvement, a committee appointed by the City Council in March of 1966, to guide the City's Workable Program objectives for the prevention and elimination of slums and blight. Miss Dodson introduced the Reverend Harold Branch, Chairman of the Subcommittee on Minority Housing, and Mr. Joseph Cohn, Vice Chairman. Reverend Branch read a statement, copies of which were presented to the Council and filed for record with the City Secretary, of the Committee which described the problem of housing for the low income families in the community, and reiterated a recommendation made last year that the Council stimulate construction of low cost housing to meet the needs of low income families by putting out for bids the 9 acres of City -owned land, located directly behind the Greenwood Branch Library at Horne Road and Greenwood Drive, with appropriate deed restrictions and other mechanisms to assure construction of housing for low income families. Mrs. Fred Swearingen appeared and stated she was appearing as a representative of the YWCA and a church which is interested in assisting with a low-cost housing project, and urged the Council not to sell the land outright but "keep the door open" for other possible uses. Mrs. Dale Owen of the League of Women Voters appeared and urged that the Council take action that would assist in obtaining recertification of the City's Workable Program for slum con- trol and housing improvement. (Council Exhibit #67-4) Mayor Blackmon announced the opening of bids. Bids were opened and read on 1,000 feet of 3 inch Fire Hose from the following firms: F. Dale Bacon (Glenivier, III.); Blaze Guard Manufacturing Company (N. Bergen, N.J.); B.F. Goodrich Ind. Prod. Div. (Dallas); and Norvell-Wilder Supply Company. 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 called for the City Manager's Reports. Motion by Sizemore, seconded by Lozano and passed that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: Minutes Regular Council Meeting May 10, 1967 Page 3 a. That the bid award for the purchase of one Wet Blast Cabinet be made to Barney L. Walker Distributing Company on the basis of low bid meeting specifications in the amount of $1,837.99; (Bid Tabulation #67-11) b. That the award of bid be made, and the Corpus Christi State National Bank be designated as City Depository for the ensuing two years, on the basis of the only bid received, to be covered by ordinance; (Bid Tabulation #67-12) c. That an appropriation in the amount of $7,907.00 for reimbursement to the Water Fund 141, Water Construction, Activity 5171, in connection with Project No. 295-64-25, Carroll Lane, Richter Drainage, be authorized; d. That an appropriation in the amount of $1,167.05, for reimbursement to Saratoga Land Company, Developer of Country Club Estates, Unit #9, for Street Improvements around the Park in said Country Club Estates; be authorized; e. That authority to execute and deliver a Warranty Deed to the State of Texas, acting by and through the Texas Highway Department, conveying Parcels 20 and 21 out of Block 21, of the J.C. Russell Farm Blocks, in the amount of $77,760.00, to be used for widening and con- struction of State Highway 44, be granted; f. That the 5 -foot utility easement out of Lot 7, Block 1, Alamo Addition, and the 5 -foot utility easement out of Lot 28, Block 3, La Arboleda Subdivision, be declared abandoned, re- serving an aerial easement in said utility easements; g. That Ordinance No. 7506, adopted March 3, 1965, be amended by adopting Chapters II, III and IV of the Southern Standard Housing Code, 1965, and by amending Sections 11-13 through 11-20C, as a requisite in the recertification of the Workable Program; h. That acceptance and final payment in the amount of $23,069.86 due the contractor, Fowco Construction Company, for construction of Ramp Extensions for Corpus Christi International Airport, be authorized; i. That a contract with Urban Engineering Company for services in connection with design of plans and specifications for construction of the Flour Bluff Sanitary Sewerage System, Sta'e 11, and an appropriation in the amount of $26,500 to cover cost of said services, including soil tests and exploration, be authorized; Minutes Regular Council Meeting May PO Page 4 I. That the request of Hertz Corporation for name change to "New Hertz" be granted, according to the terms of their lease with the City authorized by Ordinance No, 7709; k. That the plans and specifications for construction of a comfort station for West Guth Park for an estimated cost of $9,300, be approved, and that authority to advedise for bids to be received May 31, 1967, be granted; I. That the option contained in the lease agreement between the City and Frank and Irving Braslau, which expires May 25, 1967, for lease of a building located at 530 South Water Street, for use of Corporation Court, be exercised, to extend this lease on a month to month basis until such date as the new Police Building Addition is completed or for a maximum period of one year according to the terms of said lease; m. That the date of May 31, 1967, Regular Meeting, be set for public hearing on one zoning case; n. That an appropriation in the amount of $1, 550.00, for additional award of Special Commissioners over original approved value, appraisal and expert witnes,testimony, court costs, title expense and Special Commissioners' fees, being Parcel No, 479, owned by Perry J. Dalton, et al, applicable to the Crosstown Expressway Project, be authorized. ORDINANCE NO. 8444 AUTHORIZING AND DIRECT&NG THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH TDI SOUTHWESTERN 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 third time and finally passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano, and McDaniel present and voting "Aye". FIRST READING OF AN ORDINANCE ABOLISHING THE REQUIREMENT HERETOFORE EXISTING THAT PROSPECTIVE BIDDERS ON CITY CONSTRUCTION PROJECTS FILE PRE -QUALIFICATION STATEMENTS: REPEALING CERTAIN ORDINANCES AND IN PARTICULAR ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. 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". Minutes Regular Council Meeting May 10, 1967 Page 5 FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 7506, ADOPTED MARCH 3, 1965, BY AMENDING SECTION 11-15 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADOPTING CHAPTERS II, 919 AND IV OF THE SOUTHERN STANDARD HOUSING CODE - 1965, AND AMENDMENTS THERETO, IN LIEU OF PREVIOUSLY ADOPTED CODE (1960-61 EDITION); FURTHER AMENDING SAID ORDINANCE NO. 7506 BY AMENDING SECTIONS 11-13 THROUGH 11-20C OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY CHANGING THE WORD "BUILDING OFFICIAL" WHEREVER THE SAME APPEARS IN SAID SECTIONS OF THE CITY CODE, 1958, AS AMENDED, TO "HOUSING REHABILITATION CO- ORDINATOR", WITH •ALL OF THE POWERS AND DUTIES IN ADDITION TO THOSE PRESCRIBED IN SAID ORDINANCE OF THOSE DUTIES PRESCRIBED IN ORDNANCE NO. 8378, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 8, 1967; KEEPING IN EFFECT ALL OTHER PROVISIONS IN SAID SECTIONS 11-13 THROUGH 11-20C, INCLUSIVE, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED; PROVIDING FOR PENALTY FOR VIOLATION OF SAID PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE. 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". ORDINANCE NO. 8445 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR AN EXTENSION FOR A TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID INDEPENDENT SCHOOL DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5582, AND EXTENDED BY ORDINANCE 6713, A COPY OF WHICH EXTENSION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. ,The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel present and voting "Aye". ORDINANCE NO. 8446 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT FOR AN EXTENSION FOR A TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID JUNIOR COLLEGE DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5593, AND EXTENDED BY ORDINANCE NO. 6714, A COPY OF WHICH EXTENSION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following' -- vote: vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel present and voting "Aye". Minutes Regular Council Meeting May 10, 1967 Page 6 ORDINANCE NO. 8447 ACCEPTING THE BID OF THE CORPUS CHRISTI STATE NATIONAL BANK AS CITY DEPOSITORY FOR THE ENSUING TERM; ACCEPTING AND APPROVING THE PLEDGE OF SECURITIES BY SAID DEPOSITORY IN LIEU OF BOND AS SUCH DEPOSITORY; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, AS TRUSTEE FOR SAFEKEEPING; 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. 8448 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $7,907.00; AUTHORIZING THE REIMBURSEMENT TO WATER FUND 141, WATER CONSTRUCTION, ACTIVITY 5171, 1966-67 BUDGET, CODE 601, IN THE AMOUNT OF $7,907.00, OUT OF SAID APPROPRIATION, ALL IN CONNECTION WITH PROJECT NO. 295-64-25, CARROLL LANE, RICHTER DRAINAGE; 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. 8449 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF ,$1,167.05 APPLICABLE TO PROJECT NO. 220-61-81.12; AUTHORIZING REIMBURSEMENT TO SARATOGA LAND COMPANY, DEVELOPER OF COUNTRY CLUB ESTATES, UNIT #9, FOR STREET IMPROVEMENTS AROUND THE PARK IN THE COUNTRY CLUB ESTATES, UNIT #9 SUBDIVISION, IN CONNEC- TION WITH TERMS OF THE PLATTING ORDINANCE; 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. 8450 RECEIVING AND ACCEPTING THE CONSTRUCTION OF RAMP EXTENSIONS FOR CORPUS CHRISTI INTERNATIONAL AIRPORT AS PERFORMED BY THE CONTRACTOR, FOWCO CON- STRUCTION COMPANY, UNDER THEIR CONTRACT DATED JUNE 15, 1966, AUTVHORIZED BY ORDINANCE NO. 8053; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 7, DATED APRIL 26, 1967, IN THE AMOUNT OF $23,069.86, A COPY OF WHICH I5 ATTACHED HERE- TO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 117 AIRFIELD FUNDS PREVIOUSLY APPROPRIATED; APPROVING A GENERAL EXTENSION OF CONTRACT TIME FOR PROJECT COMPLETION; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 10, 1967 Page 7 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. 8451 AUTHORIZING AND DIRECTION THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE FLOUR BLUFF SANITARY SEWERAGE SYSTEM, STAGE II, APPLICABLE TO PROJECT NUMBER 250-67-53, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND, THE SUM OF $26,500, OF WHICH $26,000 IS FOR ENGINEERING SERVICES AND $500 IS FOR SOIL TESTS AND EXPLORATIONS; 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. 8452 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $981 .00 FOR THE ACQUISITION OF PARCEL NO. 2, APPLICABLE TO PROJECT NO. 220-67-90 McARDLE ROAD, CROSSTOWN TO GREENWOOD; 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, FROM THE OWNER, PERRY J. DALTON; 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. 8453 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER A WARRANTY DEED TO THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS HIGHWAY DEPARTMENT, CONVEYING PARCELS 20 AND 21, BEING PORTIONS OUT OF BLOCK 21 OF THE J.C. RUSSELL FARM BLOCKS AS SHOWN BY MAP THEREOF RECORDED IN VOLUME 3, PAGE 53, MAP RECORDS OF NUECES COUNTY, TEXAS FOR AND IN CONSIDERATION OF THE SUM OF $77,760.00, SAID PARCELS TO BE USED FOR WIDENING AND CONSTRUCTING OF STATE HIGHWAY 44, A COPY OF SAID WARRANTY DEED BEING 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: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel present and voting "Aye". Minutes Regular Council Meeting May 10, 1967 Page 8 ORDINANCE NO. 8454 DECLARING ABANDONED THE 5 -FOOT UTILITY EASEMENT OUT OF LOT 7, BLOCK 1, ALAMO ADDITION, AS SHOWN .ON MAP RECORDED IN VOLUME 9, PAGE 29 OF THE NUECES COUNTY MAP RECORDS, AND DECLARING ABANDONED THE 5 -FOOT UTILITY EASEMENT OUT OF LOT 28, BLOCK 3, LA ARBOLEDA SUBDIVISION, AS SHOWN ON MAP RECORDED IN VOLUME 8, PAGE 5, OF THE MAP RECORDS OF NUECES COUNTY; RE- SERVING, HOWEVER, AN AERIAL EASEMENT IN THE SAID UTILITY EASEMENTS ABOVE 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 NO. 8455 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $1550.00 FOR ADDITIONAL AWARD OF SPECIAL COMMISSIONERS OVER ORIGINAL APPROVED VALUE, APPRAISAL AND EXPERT WITNESS TESTIMONY, COURT COSTS, TITLE EXPENSE AND SPECIAL COMMISSIONERS' FEES, ALL IN CONNECTION WITH THE CROSSTOWN EXPRESSWAY PROJECT, NO. 220-56-24.3, APPLICABLE TO CAUSE NO. 532 IN THE COUNTY COURT OF NUECES COUNTY, TEXAS, AND BEING PARCEL 479 OF THE CROSS- TOWN EXPRESSWAY PROJECT, OWNED BY PERRY J. DALTON, ET AL; 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. 8456 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A SALES OPTION CONTRACT WITH THE CITY AS SELLER AND HEINAMAN-HOPE CO., AS BUYER, CONCERNING THE TRACT OF LAND CONTAIN- ING APPROXIMATELY 1.23 ACRES, ABUTTING SACKY DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND DESCRIBED IN SAID OPTION SALES CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, IN CONSIDERATION OF THE PAYMENT OF $100.00 UPON EXECUTION OF SAID CONTRACT, GRANTING TO THE SAID HEINAMAN-HOPE CO. AN OPTION TO PURCHASE SAID ENTIRE TRACT FOR AN ADDITIONAL PAYMENT OF $2,360.00; 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". Mr. Charles Stone, Jr., of 410 Cape Henry, appeared and commended Mayor Blackmon and the City Council in connection with an article he had noted in a recent issue of the newspaper wherein the Council had taken a firm stand against crime and had proposed the establishment of Minutes Regular Council Meeting May 10, 1967 Page 9 a crime commission to help curb crime in this City. In an address made to the Downtown Lions Club at the Driscoll Hotel, Mayor Blackmon stated that a crime commission could begin with a program of public education on the basis of responsibility to the police and respect for law and order, an attempt to reduce the frequency of crimes, paying special attention to juvenile offenses, aiding in the development of a more effective police auxiliary and make a study of patterns and trends in crime. Mayor Blackmon stated that appointments to this commission are to be made in the very near future. Mayor Blackmon announced the meeting would recess for a brief period in order for the Zoning and Planning Staff to prepare the Council Chamber for the scheduled public hearings. May Blackmon reconvened the meeting and announced the Council would consider Application 467-1, Mrs. Edith Shields for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 6, Block 4, Green Acres Village No. 1, and announced the procedure to be followed. Larry Wenger, Senior City Planner, presented the application; located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held April 11, 1967, Mr. Dave Coover, attorney had represented the applicant; that the applicant and two other persons had appeared in favor of the request and three in opposition; that the Staff reported 32 notices were mailed, eight received in favor and two in opposition, and that it was the recommendation of the Zoning and Planning Commission that the application be denied, but in lieu thereof a Special Permit be granted for a one -chair, one -operator beauty shop for a period not to exceed two years, and further provided that there be no outdoor adverfjsi ng Mr. Dave Coover, attorney, appeared on behalf of the applicant and stated that this application was heard previously before the Zoning and Planning Commission on November 8, 1966, and that at that time the Commission had recommended a Special Permit for a beauty shop subject to certain conditions; that after the public hearing before the City Council the ordinance granting the Special Use Permit failed to pass by majority vote, and through an Minutes Regular Council Meeting May 10, 1967 Page 10 oversight, Mrs. Shields was notified that her request had been approved; that she had borrowed enough money to convert the garage and establish the operation of the beauty shop, and that in March of this year, she was served a "cease and desist order" by the City's Legal Department, at which time she was informed that the ordinance had failed to pass. Mr. Coover explained the unfortunate circumstances of illness in the family and financial difficulties, under which this request was motivated; stated that his client is not actually interested in a zoning change but rather a Special Permit to allow her to operate a one -chair beauty shop in her home to allow her to care for her children and work at the same time; stated that a two-year time limitation would be satisfactory and that she wants no advertising; that in his opinion the requested use would not create a traffic congestion problem as there would never by more than one to three people in the shop at one time; that the request should be approved on the basis of hardship. Mr. Coover pointed out that the property now owned by Mrs. Wanda Gregory who is opposing the application, was formerly used as a beauty operation for a number of years without any complaint from anyone. Mr. Coover further stated that the ordinance granting the permit in November of 1966 had passed with three votes cast in favor, two negative votes and two abstaining, and that after the meeting Commissioner Sizemore had changed his vote; that the ordinance was inadvertently mailed to his client, and that two months later she learned that there had been a mistake and that the ordinance was not valid. Mayor Blackmon stated that he felt that had the anticipated use of the building been fully explained to the Permit Department of the City when the permit was applied for, they would have been referred to the Council for proper zoning. Others present and speaking in favor of the foregoing application were Mr. Howard W. Goodpaster, Mrs. Wm. A. Larsen, Mrs. Plaughero, Mrs. Christine McKinney, and the applicant, Mrs. Edith Shields, all stating that the proposed use would not create a traffic problem and that the operation is in no way objectionable. In answer to a question from Mayor Pro Tem Sizemore as to whether or not the applicant could amortize her debts in 18 months, which would fall within the terms of this Council, Mr. Coover stated that his client could not amortize her debts in 18 months, that she would be satisfied with a Special Permit, but suggested that it be granted on the basis of 22 months. Minutes Regular Council Meeting May 10, 1967 Page 11 Mr. Virgil Howard, attorney representing Mrs. Wanda Gregory, a nearby property owner, spoke in opposition and pointed out that if the application is approved, this would be the only business use within a predominately single-family district, and that, in his opinion, this would destroy the residential character of the area; stated that the law should not be bent for personal reasons where it would be detrimental to the public interest, and stated that such a change would mean catering to special interest as opposed to the public interest. Mr. Howard read a petition containing 7 signatures of residents in the 900 block of Zarsky, which stated that they opposed the subject request on the basis that the operation would be detrimental to the neighborhood and cause deterioration; that they feel that at the present time no good reason exists for the Council to make a special exception to the zoning law. Mr. Howard stated that the applicant was not mislead when she obtained the building permit; that it has been established that the plumbing has been installed by the applicants themselves and that the request for the permit was misleading, otherwise, they would have been advised that the operation of the beauty shop was not properly zoned, and that the permit would not have been issued. Mr. Charles Campbell of 927 Zarsky, appeared in opposition on the basis that such an operation would lower the value of his home, create undue traffic congestion and open the door to further business in a residential area. Mr. James Miller, a nearby property owner, spoke in opposition to the subject request and stated that he owns rental property in the area; that he had discussed this zoning change with his tenant, Mrs. O'Tool, and she stated that if the traffic is increased, she would be forced to move from the location. Mr. Miller stated he feels this could be considered depreciation of his property, and in that case, he is definitely opposed to the request. Mr. Coover stated in rebuttal, that it was not the intention of the applicant to "get a foot in the door"; stated that he could name any number of occupations which are allowed to operate as home occupations which are much more obnoxious than a beauty shop; stated that in his opinion, addresses should be added to a petition and also verification as to whether or not they appear on the tax rolls, to be considered a valid written protest. Minutes Regular Council Meeting May 10, 1967 Page 12 Mayor Blackmon explained that the names of property owners are taken from the tax rolls and property owners are notified of the public hearings on zoning requests; stated that he does not think the 20 percent rule applies in this case; that the Council is also interested in hearing from the general public so long as they have pertinent information to offer. Mr. Howard stated that Mrs. Gregory is opposed to the request primarily because she is interested in the protection of her home and neighborhood and not because she has worked as a court reporter for Judge Vernon Harville; stated that his client will be forced to move from the area if this operation continues. Mr. Howard further stated that modern beauty shops are more diversified than they once were and do not come under the home occupation rule for this reason. He stated that the request is not in the public interest, and that on behalf of his client he is opposed to the granting of such a permit. No one else appeared in connection with the foregoing application. Motion by Bradley, seconded by Jimenez, and passed that the hearing be closed. Motion by Lozano, seconded by Grant and passed that the application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #467-2, Mr. Moises Rangel for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lots 28-A and 28-B, Block 3, Lexington Subdivision. Larry Wenger located the property on the map; pointed out the zoning and land use of the area; stated that at present there is located one dwelling on two lots which is the applicant's home; stated that the area is predominately zoned for single family uses with duplexes located across the street on Milo Street; stated that at the Commission hearing held April 11, 1967, the applicant's wife had appeared in behalf of the application and stated that it was her husband's intention to move a barracks -type structure onto the subject property and divide it into nine, or less, units to be rented as apartments. Mr. Wenger stated that no one had appeared in opposition; that the Staff reported 18 notices were mailed, none received either for or against, and that it was the recommendation of the Zoning and Planning Commission that the request be denied, but in lieu thereof "R-2" Two-family Dwelling District be approved. Minutes Regular Council Meeting May 10, 1967 Page 13 Mr. Moises Rangel, applicant, appeared in behalf of his application, and stated his plans to relocate his present dwelling to the rear of the property and move a barracks -type structure from the Naval Air Station and divide into 9 or 10 units; stated that when completed, the total structure will form an L-shaped building which he plans to remodel into very nice apartments. Mr. Rangel stated that the two lots are 160 feet deep and 100 feet wide; stated that he was advised that every unit would require 1500 feet, and since he has over 15,000 square feet, he would have enough room for 10 units. He also presented a sketch of the proposed development. Mr. C. P. Kibby appeared and spoke in support of the foregoing application, and stated that the development will be comparable to the Del Mar Gardens Apartments, and stated that the units will be remodeled and will be an asset to the area. No one appeared in opposition to the foregoing request. Motion by Jimenez, seconded by Bradley and passed that the hearing be closed. Motion by McDaniel, seconded by Sizemore and passed the application be tabled for further consideration. Mayor Blackmon announced the public hearing on the appeal of Mr. Albert H. Ahrens in connection with Special Use Permit #78, for the operation of a trailer park on Lot 10, Navigation Heights. Larry Wenger located the property on the map as being on the corner of Cantwell Drive and Up River Road; stated that the property is presently zoned "I-2"; that at the Commission Hearing held on March 28, 1967, Mr. Ahrens had stated that he is requesting this permit in order that he might construct and operate a mobile home park. Mr. Wenger stated that no one had appeared in opposition; that the Staff reported 12 notices were mailed, 4 received in favor and two in opposition, and that it was the recommendation of the Zoning and Planning Com- mission that the request be denied on the basis that the site plan as submitted fails to comply with the recommendations of the proposed mobile homes ordinance; furthermore, the site is too small and due to its proximity is objectionable to the adjacent Alice Savage Elementary School. Minutes Regular Council Meeting May 10, 1967 Page 14 Mr. Bryan Wingo, attorney, spoke in behalf of the applicant, and stated that his client proposes to use part of this one -acre lot for mobile trailer park to be operated in conjunction with his existing mobile home sales office. Mr. Wingo stated that with the construction of Interstate Highway #37, and a general change in methods of selling trailer houses, his client's sales have declined, and that he is requesting this permit to pave the lot and use as trailer park for approximately 10 or 12 trailers; stated that the park will be separated by a cyclone fence; that the area is definitely industrial, and stated that a trailer park would not increase traffic more than it has been for the past eight years; that there actually will;be fewer trailers than under the sales operation. Mr. Wingo stated that the School Board had objected because of the close proximity to Alice Savage School on the basis that traffic would be increased in an already congested area; that children would be subjected to a constantly changing group of people, possibly undesirable. Mr. Wingo stated trailer dwellers are not necessarity un- desirable, that some are retired people, vacationers, or permanent. Mr. Albert Ahrens, applicant, appeared and restated his intention to combine his sales business with the proposed trailer park, presented pictures of his existing business and its relation to the proposed trailer park; explained the necessity for supplementing his business; stated that this area has been used as a buffer zone between his property and the Alice Savage School; explained that this is a quiet business generally, and that he had always cooperated with the school teachers with regard to radios, etc,; stated that in his opinion the ordinance governing trailer parks is too complicated and proposed that a simplified ordinance be instigated. Mr. Ahrens further stated that all he is asking for is permission to install the necessary sewer facilities for parking trailers in this area, and that he does not plan to develop anything that would be detrimental to school children. Mr. J. W. Gary, attorney, appeared and stated that he was speaking for the School District, the principal, teachers and Parent Teachers Association of Alice Savage School. Mr. Gary stated that the opposition is based on the close proximity of the lot to the school; stated that it is too small for the proposed use; that it is not appropriately located; that traffic, noise, and waste disposal problems would be increased in an already congested area Minutes Regular Council Meeting May 10, 1967 Page 15 Mr. Windle Whitehead, Principal of Alice Savage School, spoke in opposition, stating that heretofore they have enjoyed good relations with the applicant, but stated that the subject property is approidmateiy 35 feet from the class rooms:which would be too close; stated that teachers object to the reflection from the trailers into the class rooms; also stated that there is the problem of small children wandering away from the trailer homes and onto the:school property. Mr. Whitehead commended. Mr. Ahrens on his sincere willingness to cooperate'jnrith the school in every way, and had tried to eliminate noise, but that noise is unavoidable. Mrs. Austin, President of the Parent Teachers Association, appeared in opposition to the foregoing application, and stated that she concurred generally with the statements made by Mr. Whitehead. No one else; appeared in connection with the foregoing appeal. Motion by Sizemore, seconded by Grant and passed that the hearing be closed. Motion by Jimenez, seconded by Bradley and passed that the Appeal of Mr. A, H. Ahrens re Special Use Permit 078, be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.