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HomeMy WebLinkAboutMinutes City Council - 05/24/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 24, 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 Mcpaniel 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 Mayor Jack R. Blackmon. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of May 17, 1967, were approved as submitted to the Council. Mayor Blackmon read and presented a proclamation proclaiming May 25, 26 and 27, 1967, as BUDDY POPPY DAYS in Corpus Christi, in recognition of the patriotic merits projected by the annual sale of Buddy Poppies by the Veterans of Foreign Wars, and urged the citizens of this community to contribute generously to its support; received by Mr. R. L. Henning. Mayor Blackmon recommended for appointment to the Museum Advisory Board, the following: Mrs. James R. Harris, John Chapman, Gene Bryant, John P. Sprinkle, Glenn Hutson, Ian Naismith, Mrs. Tom L. Goad, Kenneth McCaleb, and Dan E. Kilgore. Motion by Lozano, seconded by Sizemore and passed that the foregoing nominations for appointment to the Museum Advisory Board, be approved and confirmed. Mayor Blackmon recommended for appointment to the Charter Amendment Advisory Committee, the following: Curtis B. Dyer, Jr.; Preston Doughty, Chairman; William H. Wallace, Jr.; Farrell Smith; Dr. H. J. Williams, Tony Bonilla; Robert Burke; Mrs. Ruby Poole; and Noe C. Garza. Motion by Lozano, seconded by Bradley and passed that the foregoing nominations for appointment to the Charter Amendment Advisory Committee, be approved and confirmed. Mayor Blackmon announced the opening of bids. Bids were opened and read on Storm Sewer Improvements on Lamont Drive, Carroll Lane, Del Mar Boulevard and Williams Drive, from the following firms: Heldenfels Brothers and F. M. Thornton. Minutes Regular Council Meeting May 24 1967 Page 2 The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. One bid was opened and read on Lease Right for a 5 -year period, beginning June 1, 1967, and ending May 31, 1972, on a Marine Filling Station, located on the Lawrence Street "T -Head" from the following firm: Crystal Petroleum Company. The foregoing bid was tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. 41674 Mayor Blackmon announced the pending item of Application #>'>, 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, on which a public hearing was held May 10, 1967, and called for a motion Far the disposition of this matter. Motion by Sizemore, seconded by Bradley, and passed, with Lozano and Jimenez voting "Aye" Mayor Blackmon abstaining, and Grant and McDaniel voting "Nay", that the recommendation of the Zoning and Planning Commission be concurred in and that Application #657-1, 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, be denied, but in lieu thereof a Special Permit be granted for a one -chair, one -operator beauty shop for a period of twenty-one months, and further provided that there be no outdoor advertising, and that an ordinance be brought forward effectuating the special permit. Mayor Blackmon announced the pending item of the appeal of Mr. S. B. DeGaish re Special Use Permit 081, for the operation of a mobile home on an 0.8034 -acre tract of land out of the South- east corner of Lot 15, Section 48, Flour Bluff & Encinal Farm and Garden Tracts, on which a public hearing was held May 17, 1967, and called for a motion for the disposition of the matter. Motion by Sizemore, seconded by Jimenez and passed that the recommendation of the Zoning and Planning Commission not be concurred in and that the appeal of Mr. S. B. DeGaish re Special Use Permit #81, for operation of a mobile home on an 0.8034 -acre tract of land out of the Southeast corner of Lot 15, Section 48, Flour Bluff & Encinal Farm & Garden Tracts, located on the South- west corner of the Intersection of Flour Bluff Drive & Graham Road, fronting 200 feet on Flour Bluff Minutes Regular Council Meeting May 24, 1967 Page 3 Drive and extending approximately 175 feet for the most depth, be granted, subject to the following conditions: (1) that a plat be submitted and approval obtained from the City Planning and Zoning Commission for said area to the effect that the lot occupied by said trailer is otherwise unoccupied by any residential use; and (2) that this Special Use Permit shall be for a period of two years, and shall automatically expire two years from the date of the passage of the ordinance effectuating the granting of the permit. Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by Grant and passed that the City Manager's Reports, be accepted, and that the recommendations and requests be approved and granted as follows: a. That the award of contract for construction of the United States Customs Station at the Corpus Christi International Airport be made to Braselton Construction Company on the basis of low bid submitted in the amount of $92,300; and that a total appropriation in the sum of $94,000, to cover construction contract and contingencies, be approved; b. That the authority to execute an agreement with Peerman Corporation, Developer of Pharaoh Valley Townhouse, whereby the City agrees to reimburse the developer for the installation of Oversize and Overdepth Sanitary Sewer Main, in accordance with the platting ordinance and as set out in the agreement, be granted, and that an appropriation in the sum of $6,771.70 represent- ing the amount to be paid to the Peerman Corporation, be authorized; e. That an appropriation in the sum of $18,865.10 to cover cost of relocation of City Gas Division Lines within the Crosstown Expressway, Unit III Right of Way, be approved amd that reimbursement of the amounts previously advanced from funds hereby appropriated, be authorized; d. That appropriation in the amount of $43,221, to supplement funds in the amount of $23,335 remaining from funds previously appropriated for engineering and contingencies on various bond projects, be approved, and authorizing reimbursement to the general fund in the amount of $66,556 from funds hereby appropriated, for the period of January 15, 1967 through April 30, 1967, be authorized; e. That the bid award on 1,000 feet of 3 inch Staple Cotton, double jacket, rubber Tined fire hose in 50 -foot lengths, be made to Blaze Guard Manufacturing Company of North Bergen, New Jersey, in the amount of $1,540.00 on the basis of low bid meeting specifications and passing tests; (Bid Tabulation #67-14) Minutes Regular Council Meeting May 24, 1967 Page 4 f. That the authority to advertise for bids on the sale of a tract of land 50 feet by approximately 164, known as Lot 5-B, Block 9, Colonia Hidalgo Addition, located at 4718 Barrera Drive, to be opened June 7, 1967, be granted; g. That the authority to advertise for bids on the sale of three tracts of land located on McArthur Street, Crockett Heights Annex B, to be opened on June 7, 1967, be granted; h. That the authority to execute and deliver extension agreements for the existing farm leases at Corpus Christi International Airport according to the terms of the respective original leases and ordinances originally granting said leases, except that each shall be extended so as to be for a 5 year term beginning August 15, 1967, and ending August 15, 1972, be granted; i. That the Tax Error and Correction Lists for the months of February and March, 1967, be approved; j. That authority to execute a supplemental agreement with the State of Texas, providing for the participation in a continuing, comprehensive, cooperative planning process, as provided in the Federal Highway Act of 1962, known as the Corpus Christi Urban Transportation Study; be granted; k. That an expenditure, not to exceed $500.00 for the employment of an acoustical consultant to advise the City on the construction of the proposed open-air band shell in connection with the development of Cole Park, be authorized, ORDINANCE NO. 8462 THIRD 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 third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel present and voting "Aye". ORDINANCE NO. 8463 THIRD 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, III 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 Minutes Regular Council Meeting May 24, 1967 Page 5 CHANGING THE WORD "BUILDING OFFICIAL" WHEREVER THE SAME APPEARS IN SAID SECTIONS OF THE CITY CODE, 1958, AS AMENDED,. TO "HOUSING REHABILITATION COORDINATOR", WITH ALL OF THE POWERS AND DUTIES IN ADDITION TO THOSE PRESCRIBED IN SAID ORDINANCE OF THOSE DUTIES PRESCRIBED IN ORDINANCE 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 third time and passed finally by the following vote: Blackmon, Sizemore. Bradley, Grant, Jimenez, Lozano and McDaniel present and voting "Aye". ORDINANCE NO. 8464 THIRD READING OF AN ORDINANCE ADOPTING THE 1965 ARE PREVENTION CODE AND THE 1966 AMENDMENTS THERETO, RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION (FORMERLY KNOWN AS THE NATIONAL BOARD OF FERE 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 third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel present and voting "Aye". ORDINANCE NO. 8465 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 U. S. CUSTOMS INSPECTION STATION AT CORPUS CHRISTI INTERNATIONAL AIRPORT, APPLICABLE TO PROJECT NO. 207-67-8; APPROPRIATING THE SUM OF $94,000 OUT OF NO. 207 PUBLIC BUILDING BOND FUND, OF WHICH AMOUNT $92,300 15 FOR THE CONSTRUCTION CONTRACT, $450 RS FOR ADDITIONAL ARCHITECTURAL FEES AND $1,250 IS FOR CONTINGENCIES, INCLUDING BOND ISSUANCE EXPENSE, 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: Blackmon, Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel present and voting "Aye". ORDINANCE NO. 8466 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $18,867.16 TO COVER THE COST OF THE RELOCATION OF CITY GAS DIVISION LINES WITHIN THE CROSSTOWN UNIT III RIGHT OF WAY, PROJECT NO. 220-56-75, CONSTRUCTED BY CITY FORCES; AUTHORIZING THE REIMBURSEMENT OF THE 106 GAS FUND FOR THE AMOUNTS PREVIOUSLY ADVANCED, SAID REIMBURSEMENT TO BE OUT OF THE FUNDS HEREBY APPROPRIATED; 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 24, 1967 Page 6 FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER EXTENSION AGREEMENTS WITH THE FOLLOWING LESSEES, FOR THE RESPECTIVE FARM LEASES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ACCORDING TO THE TERMS OF THE RESPECTIVE ORIGINAL LEASES, AND THE ORDINANCES ORIGINALLY GRANTING SAID LEASES, AS FOLLOWS: Tom Slay, Tract "A", Ordinance No. 6653, Tom Slay, Tract "B", Ordinance No. 7021, Guaranty Title & Trust (Flato & Hoepfr,er), Tract "C", Ordinance No. 6655, Kelly Ranch, Tract "D", OrdinanMe No. 7006 W. F. Griffith, Tract "E", Ordinance No. 6656, and J. H. Scogin, Tract "3", Ordinance No. 7324, SAVE AN EXCEPT THAT EACH OF SAID LEASES SHALL BE EXTENDED SO AS TO BE FOR A FIVE (5) YEAR TERM, WHICH TERM IN ALL CASES WILL BEGIN AUGUST 15, 1967, AND END AUGUST 15, 1972. 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. 8467 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH PEERMAN CORPORATION, DEVELOPER OF PHARAOH VALLEY TOWNHOUSE, WHEREBY THE CITY AGREES TO REIMBURSE THE DEVELOPER FOR THE INSTALLATION OF OVERSIZE AND OVERDEPTH SANITARY SEWER MAIN, IN ACCORDANCE WITH THE PLATTING ORDINANCE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $6,771.70 FOR THE SEWER MAIN, APPLICABLE TO PROJECT NO. 250-67-54, McARDLE LIFE STATION AND MAIN; 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. 8468 APPROPRIATING THE SUM OF $43,221, OF WHICH AMOUNT $21,577 IS FROM NO. 220 STREET BOND FUND, $1, 120 IS FROM NO. 250 SANITARY SEWER BOND FUND AND $20,524 IS FROM NO. 295 STORM SEWER BOND FUND, THE FOREGOING AMOUNTS TO SUPPLEMENT FUNDS IN THE AMOUNT OF $23,335 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR ENGINEERING AND CONTINGENCIES, APPLICABLE TO VARIOUS BOND FUND PROJECTS, AS SHOWN ON THE TABULATION PREPARED BY THE ACCOUNTING DIVISION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT TO THE GENERAL FUND NO. 102 CURRENT FUND, IN THE AMOUNT OF $66,556 FROM FUNDS HEREBY APPROPRIATED AND PREVIOUSLY APPROPRIATED AND NOT HERETOFORE REIMBURSED DURIN'G THE CURRENT FISCAL YEAR, $15,000 OF WHICH IS FOR THE PERIOD OF AUGUST 1, 1966, TO JANUARY 15, 1967, AND $51,556 IS FROM JANUARY 15, 1967 TO APRIL 30, 1967; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 24, 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".r ORDINANCE NO. 8469 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 MRS. EDITH SHIELDS, BY GRANTING A SPECIAL PERMIT FOR THE OPERATION OF A BEAUTY SHOP SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 6, BLOCK 4, GREEN ACRES VILLAGE NO. 1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: Sizemore, Bradley, Jimenez and Lozano present and voting "Aye", with Blackmon, Grant and McDaniel voting "Nay". ORDINANCE NO. 8470 GRANTING AN APPEAL FROM THE REFUSAL OF THE ZONING AND PLANNING COMMISSION TO GRANT AN APPLICATION FOR A SPECIAL USE PERMIT UNDER ARTICLE 25 OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON AUGUST 27, 1937, APPEARING 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 S. B. DeGAISH BY GRANTING A SPECIAL USE PERMIT TO LOCATE AN INDIVIDUAL TRAILER HOUSE OR MOBILE HOME ON A TRACT OF LAND CONSISTING OF 0.8034 ACRES OUT OF THE SOUTHEAST CORNER OF LOT 15, SECTION 48, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF FLOUR BLUFF DRIVE AND GRAHAM ROAD, FRONTING 200 FEET ON FLOUR BLUFF DRIVE AND EXTENDING APPROXIMATELY 175 FEET FOR THE MOST DEPTH, WITH CERTAIN CONDITIONS IMPOSED ON SAID SPECIAL PERMIT GRANTED, AS MORE FULLY HEREINAFTER SET OUT; 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. 8471 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY ENGINEER, PROVIDING FOR THE PARTICI- PATION IN A CONTINUING, COMPREHENSIVE, COOPERATIVE PLANNING PROCESS, AS PROVIDED IN THE FEDERAL HIGHWAY ACT OF 1962, KNOWN AS THE CORPUS CHRISTI URBAN TRANSPORTATION STUDY, AS MORE FULLY DESCRIBED IN THE AUPPLEMENTAL AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 24, 1967 Page 8 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. 8472 GRANTING AN APPEAL FROM THE REFUSAL OF THE ZONING AND PLANNING COMMISSION TO GRANT AN APPLICATION FOR A SPECIAL USE PERMIT UNDER ARTICLE 25 OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON AUGUST 27, 1937, APPEARING 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 MYRTLE L. McALPINE BY GRANTING A SPECIAL USE PERMIT TO LOCATE AN INDIVIDUAL TRAILER HOUSE OR MOBILE HOME ON LOT 10, BLOCK 3, FLOUR BLUFF HEIGHTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH CERTAIN CONDITIONS IMPOSED ON SAID SPECIAL PERMIT GRANTED, AS MORE FULLY HERE- INAFTER SET OUT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant Jimenez and Lozano present and voting "Aye", with McDaniel abstaining. Mrs. Harvey Fry, representative of the Corpus Christi Council of Garden Clubs, appeared and presented a petition in the form of a resolution, in protest of the proposed construction of an overpass, bridge, or causeway, on Ocean Drive at Louisiana. Mrs. Fry read the resolution which stated that the proposed structure would be "crudely incongruous" with the area, and that it would do irreparable damage to the natural view of the bayfront and to Louisiana Boulevard. Mrs. Fry pointed out that the memberships of the Corpus Christi Council of Garden Clubs is from all areas of the City, and that the resolution was passed by unanimous vote; and further stated that a compromise could be found between the "dreams of the engineers and the Garden Clubs." Mayor Blackmon accepted the resolution and explained that the bridge plan originally came to the Council from the City Staff as a proposal; stated that the Council, as a whole, still has an open mind and that before a final decision is made a public hearing may be called, but stated that it is the hope of the Council to resolve the matter within two weeks; but until that time the matter is strictly in the study stage and is being considered along with other plans in an effort to improve a traffic problem and provide an access road to the new Cole Park. Dr. Jimenez and Mayor Blackmon stated they are against a bridge at this time. Mayor Blackmon announced the Meeting would be recessed briefly in order for the Zoning and Planning Staff to prepare the Council Chamber for the scheduled public hearings. Minutes Regular Council Meeting May 24, 1967 Page 9 Mayor Blackmon reconvened the meeting and announced the public hearing on Application #467-3, Mr. R. F. Emmord for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on a 2.12 -acre portion out of the Northwest 1/2 of Lot 2, Bryon Willis Subdivision, being that property located at the intersection of Brett Street and Jean Street, extending 550 feet in a Southwesterly direction along Jean Street and 150 feet in a Southeasterly direction along Brett Street for the depth. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held on April 25, 1967, the applicant spoke in favor of the application and stated that he has owned the subject property for two years, that he proposes to erect a warehouse building for storage of boats if proper zoning is granted, and explained that this is not a Speculative zoning request but one for his personal use in conjunction with his "bloat barn" operation on Padre Island Drive. Mr. Wenger stated that three notices were moiled, none received in favor and none in opposition, and that no one had appeared at the hearing in opposition. He stated that it was the recommendation of the Staff that the request be denied on the basis that there is on abundance of industrial zoning to the East and West of the subject property that is unused as such, and that the recommendation of the Zoning and Planning Commission was that the request be approved as submitted subject to a proper plat. Mr, R. F. Emmord, applicant, spoke in support of the request and stated that there is probably adequate industrial zoning in the area, but that he "does not own any of it"; stated that the land is located approximately 500 yards from a sanitary fill area; that he does not see any other use for the property, and that he is basing his request on his personal need for it. In qnswer to questions from members of the Council, Mr. Wenger stated that the industrial zoning was granted on the property immediately surrounding the subject property subject to proper platting; that there are no dedicated streets around the property, only what is referred to as "paper streets", and that the only access is by way of Brett Street. Mr. Emmord stated that the matter of access to the property would propose no problem as it is the plan to improve Jean Street between Kibby Drive and Brett Street. No one appeared in opposition to the foregoing application. Minutes Regular Council Meeting May 24, 1967 Page 10 Motion by Grant, seconded by Bradley and passed that the hearing be closed. Motion by Bradley, seconded by Grant and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #467-3, Mr. R. F. Emmord for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on a 2.12 -acre portion out of the Northwest 1/2 of Lot 2, Bryon Willis Subdivision, being that property located at the intersection of Brett Street and Jean Street, extending 550 feet in a Southwesterly direction along Jean Street and 150 feet in a Southeasterly direction along Brett Street for the depth, be approved as submitted subject to a proper plat, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #467-4, Mr. W. H. Wolter, for change of zoning from "A-2" Apartment House District to "1-2" Light Industrial District on Lots 1 through 5, Block 69, Bluff 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 April 25, 1967, Mr. Dave Coover, attorney, had represented the applicant, and stated that his client has a prospective tenant who wishes to secure a site to construct a warehouse, and when he applied for a building permit, he was informed that the present zoning of the property would not permit a warehouse. Mr. Wenger stated that ten notices were mailed, none received in favor and none in opposition, and that no one had appeared in opposition. He stated that it was the recommendation of the Staff that the request be approved unless there are specific objections brought out at the hearing by residents in the area, and that the recommendation of the Zoning and Planning Commission was that the request be approved as submitted. Mr. Dave Coover, attorney, appeared in behalf of the applicant and stated that his client was unaware that the zoning had been changed on his property from "1-2" Light Industrial District to "A-2" Apartment House District when the City revised the zoning map in 1961; that the only notice was through the newspapers; that he had no knowledge of this until he applied for ar building permit and was informed that the present zoning would not permit a warehouse. Mr. Coover stated that there are three small single-family dwellings located on the rear portion of Minutes Regular Council Meeting May 24, 1967 Page 11 the subject property facing on Waco Street and that it will be necessary to remove these buildings in order to gain the full and best use of the property. Mr. W. H. Wolter, applicant was present and stated that he concurred in the statements made by Mr. Coover. No one was present to speak in opposition to the foregoing request. Motion by McDaniel, seconded by Sizemore and passed that the hearing be closed. Motion by McDaniel, seconded by Sizemore and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #467-4, Mr. W. H. Wolter, for change of zoning from "A-2" Apartment House District to "1-2" Light Industrial District on Lots 1 through 5, Block 69, Bluff Addition, be approved as submitted, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #467-5, Mrs. Norene Harris for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District and/or amendment of an existing Special Permit of March 28, 1962 by an addition, on the Southwest 1/2 of Lot 11 and all of Lot 12, Sunnyside Strip Addition. Larry Wenger located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held April 25, 1967, the applicant had been present and stated she wished to have her Special Use Permit for a day nursery amended so that she could add a 24' x 26' room to the rear of the existing building. Mr. Wenger stated that the Staff reported 22 notices were mailed, none received in favor and none in opposition, and that no one had appeared in oplpposition. He stated that it was the recommendation of the Zoning and Planning Commission that "AB" Professional Office District be denied, but in lieu thereof the existing Special Permit of March 28, 1962, be amended to permit the addition as requested, and that the Staff had concurred in this recommendation. Mrs. Norene Harris, applicant, appeared and stated that an amendment to her existing permit would be satisfactory. No one appeared in opposition to the foregoing application. Motion by Grant, seconded by Jimenez and passed that the hearing be closed. Minutes Regular Council Meeting May 24, 1967 Page 12 Motion by Grant, seconded by Bradley and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #467-5, Mrs. Norene Harris, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District and/or amendment of an existing Special Permit of March 28, 1962, be amended to permit an addition to the existing building, on the Southwest 1/2 of Lot 11 and all of Lot 12, Sunnyside Strip Addition; that "AB" Professional Office District be denied, but in lieu thereof the existing Special Permit of March 28, 1962, be amended to permit the addition of a 24' x 26' room to the rear of the existing building, and that an ordinance be brought forward effectuating the amended Special Permit. Mayor Blackmon announced the public hearing on the appeal of Mr. Lee Roy Gavranovic from the decision of the Zoning and Planning Commission re Special UsePermit #82, for the operation of an individual trailer house or mobile home on a tract of land described as 75' x 180' out of the J.I. Hall 120.29 -acre tract. Larry Wenger located the property on the map; pointed out the zoning and land use of the area as being predominently "R -1B" use; explained that at the Commission hearing held April 25, 1967, the applicant had appeared before the Commission and stated that he and his wife were newcomers to the City and had purchased the subject property for the purpose of locating a trailer house on it, but had been advised that he cannot secure utility connections until a Special Use Permit is granted. Mr. Wenger stated that the Staff reported that six notices were mailed, two returned in favor and none in opposition; that no one had appeared in opposition •. and that the recommendation of the Zoning and Planning Commission was to concur with that of the Staff to deny the request on the basis that to allow single mobile homes to locate in sparsely developed areas almost precludes any further residential development. Mr. Lee Roy Gavranovic, applicant, appeared and presented the Council with a list of owners and addresses of 21 trailers located in the vicinity of the subject property, and exhibited pictures of these mobile homes, some of the other dwellings in the area, and also of the one he had purchased. Mr. Gavranovic stated that the subject property is almost surrounded by undeveloped farm land, used for all purposes connected with farms; stated that in view of his wife's physical condition and his frequent business trips out of town, it is necessary that she be near someone who Minutes Regular Council Meeting May 24, 1967 Page 13 could call a doctor in an emergency. He further stated shot, et the present time, he has no plans to build a permanent home on the subject property. Mr. Lewis Gibson, owner of one of the mobile homes in the area, appeared and stated that he favored the granting of the subject request on the basic that the location of a ;~,ebile home on the subject property would not detract from this area; stated that he waa resporsib/e for slaking up the list of 21 trailer homes referred to by Mr. Gavranovic, and that -ix of them oae located on Mallard Drive, the first street adjoining the property on the Noah. No one appeared in opposition to the foregoing request. Motion by Jimenez, seconded by Bradley and passed that the hearing be closed. Motion by Jimenez, seconded by Bradley and passed with five affirmative votes, McDaniel voting "Nay", that the recommendation of the Zoning and Planning Commission not be concurred in and that the appeal of Mr. Lee Roy Gavranovic from the decision of the Zoning and Planning Commission re Special Use Permit #82, for the operation of an individual trader house or mobile home on a tract of land described as 75' x 180' out of the J. @, Hall 120,29 -acre tract, be approved, and that an ordinance be brought forward effectuating the Special Permit. Commissioner McDaniel inquired as to the ,status of the ordinance under study governing the location of trailer or mobile homes, Mr. Wenger stated that the ordinance is now being written in final form and that a public hearing could be held June 6, 1967. There being no further business to come before the Coun:ril, the meeting was adjourned.