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HomeMy WebLinkAboutMinutes City Council - 01/24/1968L) PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts 0 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 24, 1968 2:00 p.m. City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Miss Jane Trigg, member of the W. B. Ray Student Council. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of January 17, 1968, were approved as sub- mitted to the Council. Mayor Blackmon read and presented a proclamation designating the week of January 28, 1968, through Saturday, February 3, 1968, as NATIONAL CLERGY WEEK in the City of Corpus Christi, and urged each of our citizens to pay homage to their respective pastor, priest, rabbi or minister during this week. The proclamation was received by Mr. Paul Blanton, vice president of the local Civitan Club. Mayor Blackmon recognized Student Councils from W. B. Ray High School and Foy H. Moody High School, and read and presented Certificates of Attendance to Rhonda Ash, Jack Cooper, Tommy Elkins, Willie Fields, Vickie Huebinger, and Jane Trigg, of W. B. Ray High School, accompanied by their sponsor, Mrs. Oneta Cummings; and to Yolanda Gomez, Loretta Shaw, Sylvia Casarez, Joe Cueva, Diana Gutierrez, and Beverly Whitson, accompanied by their sponsor, Mrs. Karen Thomas. Mayor Blackmon announced the opening of bids. Bids were opened and read on various items of Traffic Control Equipment from the follow- ing firms: Gammatronix, Inc., (Dublin Ohio); Signal Engineering Company (Houston); Econolite (Ft. Worth); Jack Hulett Sales (Ft. Worth); and Nunn Electric of Corpus Christi. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. C 0 Minutes Regular Council Meeting January 24, 1968 Page 2 Bids were opened and read on one prefabricated building for Cayo Drive Booster Station from the following firms: J.C.M. Construction (Houston); PECO Construction; and Service Industries. 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 #1167-10, Mr. Jim Selsar, for change of zoning on a portion of Block Q, Beach Addition, on which a public hearing was held January 17, 1968. Motion by Jimenez, seconded by Bradley and passed that Application #1167-10, Mr. Jim Selsor, for change of zoning from "AT" Apartment -Tourist District to "11-1" Neighborhood Business District for the construction of the Paradise Fishing Pier with accessory retail uses on a portion of Block Q, Beach Addition, be approved, and that an ordinance be brought forward effectuating the change. (See Subsequent Motion, Page 4) Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Roberts 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 authority to advertise for bids to be received on 57 pieces of truck equipment for various City Departments, be granted; b. That the award of bid on 207,500 feet of Steel Pipe in sizes from 1" thru 8" be made to Phoenix Supply Company on the basis of low bid meeting specifications in the amount of $59,121.15; (Bid Tabulation #3-68) c. That the award of bid on Coating and Wrapping of approximately 207,500 feet of steel pipe in sizes from 1" thru 8" be made to Pipe Line Service Company on the basis of low bid meeting specifications in the amount of $16,019.44; (Bid Tabulation #4-68) d. That the Director of Finance be substituted for the former City Manager in executing documents related to the Emergency Planning Program; e. That Section 21-153 of the City Code, 1958, be amended, by adding Subsection (e), establishing one-way traffic on the following Frontage Roads on State Highway 286 from • 0 Minutes Regular Council Meeting January 24, 1968 Page 3 Tarleton to Gollihar: West Frontage Road, Northwest Frontage Road, Northeast Frontage Road, and East Frontage Road; and that Section 21-97 of the City Code, 1958, be amended by adding to Subsection (b) providing for parallel parking on Frontage Roads on State Highway 286 as follows: West Side of the West Frontage Road, from Port Avenue to Horne Road; West Side of the Northwest Frontage Road, from Mansheim Street to Padre Island Drive; and East side of the Northeast Frontage Road and East Frontage Road, from Ayers Street at Padre Island Drive to Port Avenue; f. That a revocable easement to Nueces Industrial Gas Company, to install in McMullin Road a three and one-half inch gas line from the City Limits to a point approximately 800 feet east, be granted; g. That a lease agreement with Central Park Little League, leasing for a period of five years a tract of approximately six acres of land in Evelyn Price Park for the purpose of maintaining a recreational area in accordance with the conditions set out in the agreement, be authorized; h. That the acceptance of construction of the Museum Building, and final payment of Estimate No. 11 in the amount of $45,537.50, representing the balance due the contractor, Braselton Construction Company, less the sum of $5,000.00 retained pending completion of minor items of work, be authorized; i. That the date of February 7, 1968, Regular Council Meeting, be set for public hearing on the abandonment of one-half of the Street at the rear of Lots 1 to 5, and the front of Lots 10 & 11, Lyles Subdivision; j. That the application of Cities Service Oil Company to drill Well #1, directionally to a total depth of 10,600' and bottomed 660' FSEL and 2640' FSWL of State Tract 448, being a standard application with no exceptions requested and all requirements of the City ordinance complied with, be granted; k. That the warranty deed filed by Jim Selsor in connection with Zoning Application #1167-10, for a Fishing Pier on Corpus Christi Beach, approved by the City Legal Department and Corps of Engineers, be accepted. Motion by Sizemore, seconded by Roberts and passed, that in view of the fact that the action taken earlier in the meeting which granted the request of Mr. Jim Selsor a change of Minutes Regular Council Meeting January 24, 1968 Page 4 zoning on a portion of Block Q, Beach Addition, did not reflect the intent of the Council, that the action on the pending item of Application #1167-10 be reconsidered. Motion by Jimenez, seconded by Sizemore and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #1167-10, Mr. Jim Selsor, for change of zoning from "AT" Apartment -Tourist to 9-1" Neighborhood Business District for the con- struction of the Paradise Fishing Pier with accessory retail uses on a portion of Block Q, Beach Addition, be denied, but in lieu thereof a Special Permit be granted for the construction and opera- tion of a fishing pier, approximately 1000 feet in length with accessory retail uses according to the site plan submitted to the Planning Commission on December 19, 1967, on file in the Zoning and Planning Office, and that an ordinance be brought forward granting the permit. ORDINANCE NO. 8733 THIRD READING OF AN ORDINANCE DECLARING IT THE DUTY OF THE CITY TAX ASSESSOR - COLLECTOR TO ASSESS, IN A SUPPLEMENT TO HIS NEXT ASSESSMENT ROLL, THE PROPERTY WHICH MAY HAVE ESCAPED TAXATION FOR ANY YEAR; SETTING FORTH THE PROCEDURE FOR SUCH BACK ASSESSMENT; DECLARING THE INTENTION OF THE COUNCIL IN ENACTING THE ORDINANCE. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley and Lozano, present and voting "Aye," Jimenez, McDaniel and Roberts voting "Nay." ORDINANCE NO. 8734 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-68, AS AMENDED, RELATING TO SPEED LIMITS ON AIRLINE ROAD, FROM PADRE ISLAND DRIVE TO OCEAN DRIVE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE NO. 8735 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTIONS 21-68, AS AMENDED, RELATING TO SPEED LIMITS ON EVERHART ROAD, FROM PADRE ISLAND DRIVE TO ALAMEDA STREET; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." Minutes Regular Council Meeting Janudry 24, 1968 Page 5 ORDINANCE NO. 8736 RECEIVING AND ACCEPTING CONSTRUCTION OF THE CORPUS CHRISTI MUSEUM, PROJECT NO. 207-64-5, AS PERFORMED BY THE CONTRACTOR, BRASELTON CONSTRUCTION COMPANY, UNDER THEIR CONTRACT DATED DECEMBER 14, 1966, AUTHORIZED BY ORDINANCE NO. 8275; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 11, DATED JANUARY 17, 1968, IN THE AMOUNT OF $45,537.50, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT BEING THE BALANCE DUE THE CONTRACTOR, LESS THE SUM OF $5,000 WHICH IS RETAINED PENDING COMPLETION OF MINOR ITEMS OF WORK, FOLLOW- ING WHICH, RELEASE OF THE SUM RETAINED IS HEREBY AUTHORIZED, SAID PAYMENT TO BE MADE FROM FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE NO. 8737 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 W. SAM PERKINS, BY AMENDING THE ZONING ON LOT 14, BLOCK 1, LAKE VIEW ACRES, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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: Sizemore, Bradley, McDaniel and Roberts, present and voting "Aye," Lozano voting "Nay," Blackmon and Jimenez abstaining. ORDINANCE NO. 8738 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 HUMBLE OIL AND REFINING COMPANY, BY AMENDING THE ZONING ON LOT 2, BLOCK 1, GUTH PARKSIDE ANNEX LOCATED AT INTERSTATE 37, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS 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, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." Minutes Regular Council Meeting January 24, 1968 Page 6 ORDINANCE NO. 8739 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-153 BY ADDING TO SUBSECTION (c) THE FOLLOWING NAMED STREETS TO HEREAFTER BE DESIGNATED AS ONE-WAY: WEST FRONTAGE ROAD (S.H. 286), NORTHWEST FRONTAGE ROAD (S.H. 286), NORTHEAST FRONTAGE ROAD (S.H. 286), AND EAST FRONTAGE ROAD (S.H. 286); 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, Jimenez, Lozano, McDaniel and Roberts, present and voting ye. ORDINANCE NO. 8740 AMENDING SECTION 21-97 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE LIST OF STREETS UNDER SUBSECTION (b) THEREOF THE NAMES OF THE FOLLOWING STREETS: WEST SIDE OF THE WEST FRONTAGE ROAD, FROM PORT AVENUE TO HORNE ROAD; WEST SIDE OF THE NORTHWEST FRONTAGE ROAD, FROM MANSHEIM STREET TO PADRE ISLAND DRIVE; AND EAST SIDE OF THE NORTHEAST FRONTAGE ROAD AND EAST FRONTAGE ROAD, FROM AYERS STREET AT PADRE ISLAND DRIVE TO PORT AVENUE; PROVID- ING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE NO. 8741 AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, APPLICATIONS AND OTHER PERTINENT DOCUMENTS, AND FILE THE SAME IN THE APPROPRIATE STATE OFFICE, FOR THE PURPOSE OF OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER THE FEDERAL DISASTER ACT (Public Law 875, 81st Congress; 42 U.S.C. 1855-1855g); AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE NO. 8742 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 MESSRS. STANLEY, ORION, KIESEL AND GAMEZ, BY AMENDING THE ZONING ON LOTS 3, 4, AND 5, LYLE SUBDIVISION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting January 24, 1968 Page 7 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, 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 A LEASE AGREEMENT WITH CENTRAL PARK LITTLE LEAGUE LEASING TO THE SAID CENTRAL PARK LITTLE LEAGUE A TRACT OF APPROXIMATELY SIX (6) ACRES OF LAND IN EVELYN PRICE PARK FOR THE PURPOSE OF MAINTAINING A RECREATIONAL AREA, FOR A PERIOD OF FIVE YEARS, BEGINNING , 1968, IN ACCORDANCE WITH THE CONDITIONS SET FORTH IN THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE AFORESAID CENTRAL PARK LITTLE LEAGUE 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, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE NO. 8743 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO NUECES INDUSTRIAL GAS COMPANY, A CORPORATION, HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TO PLACE A 3-1/2" O.D. GAS PIPELINE WITHIN THE STREET RIGHT OF WAY OF McMULLEN ROAD, EXTENDING FROM THE SOUTH- WEST CORNER OF THE RAND MORGAN TRACT AND EXTENDING WESTWARD 800 FEET TO THE CITY LIMITS LINE, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye. 1: ORDINANCE NO. 8744 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 JIM SELSOR, BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE OPERATION OF THE PARADISE FISHING PIER ON A PORTION OF BLOCK Q, BROOKLYN OR RINCON ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING 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, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." • Minutes Regular Council Meeting January 24, 1968 Page 8 City Manager Townsend, on request of residents of the 3700 Block of Lamont, filed with the City Secretary a petition containing 15 signatures approving the Ordinance on the agenda for first reading granting a 5 -year lease to Central Park Little League for 6 acres of land in Price Park fora little league field and practice field. (Petition 02-68) Mayor Blackmon called for petitions or information from the audience on matters not scheduled on the agenda. Mr. W. H. Stahl, 3901 Kostoryz, appeared and filed with the City Secretary a letter asking for clarification of the State Statute which was used as a basis for denying him rezoning in 1965, and asked that a plat be marked showing names of property owners as would apply to the 20 percent rule in connection with the zoning request. (See Council Exhibit 14-67) City Manager Townsend advised Mr. Stahl that he would answer his questions in writing within the next week. Mr. Ed Williams, attomey, appeared on behalf of Mrs. Ruby Rowden a property owner on Corpus Christi Beach, and appealed to the Council to remove the second fire district designa- tion which applies to the rebuilding of property damaged by Hurricane Beulah on Corpus Christi Beach, on the grounds that there are many other areas with similar construction in the City which do not have these restrictions; stated he did not consider the City's position logical or fair; pointed out that the Small Business Administration will not recognize the increased cost required by new building code restrictions that set minimum elevations and construction standards; pointed out that his client had applied fora loan of $95,000 and that it was cut back to $58,000. Mr. Williams questioned the length of time it would require to rezone the entire City's fire districts; stated that this could not be accomplished in less than a year, and would not give relief to builders on the Beach. City Manager Townsend stated that Mr. Williams had been advised by telephone the action of the Council on his original request to remove Fire District No. 2 on Corpus Christi Beach, and stated the matter would be studied further. Mr. Ted Anderson appeared and requested information in connection with his request since 1963, on property located at Staples and Baldwin; and stated he would like to have this matter consummated as soon as possible. Minutes Regular Council Meeting January 24, 1968 Page 9 City Manager Townsend advised Mr. Anderson that a recommendation on the above matter was being prepared to be submitted to the Council at next week's workshop meeting. In another matter, Mr. Anderson stated he was representing the Del Starr Realty Company in connection with the matter of construction of a bridge in the Schanen Ditch area which was brought up last fall, and stated it was his understanding that a study committee was to have been set up for the purpose of establishing a policy on participation by the City and developer in financing bridges, and that his company had pledged their cooperation in this matter. Mayor Blackmon stated that he was not aware of the committee referred to in Mr. Anderson's statement, and stated that it was his understanding that a solution was being sought specifically on the Schanen Ditch problem; he is not aware of any specific deadline, but that the Staff had recommended that if possible this problem be resolved simultaneously with the adoption of the proposed platting ordinance which has been pending for some time, so that the matter of bridges could be made a part of the ordinance and not an isolated item. Mr. Anderson further brought up the matter of the development of the 19 -acre park in Schanen Estates Addition by Del Starr Realty Company, and stated that if development does not get under way soon, the developers may seek to have the land revert to them. Mr. Anderson pointed out that one reason for dedicating the park land is to enhance the value of surrounding property and that a continued delay is devaluating the property. City Manager Townsend stated there had been a culmination of developments; that the park land was dedicated in 1966, and that $35,000 in bonds funds is earmarked for development; that the City has applied for matching federal funds but cannot get them if the local half is spent first, and stated that the application is now being reviewed at the State level and it is reason- able to believe that it will be approved. Mr. Larry Urban appeared representing Hare & Associates, and expressed appreciation to the Council and City Staff for cooperation in resolving zoning and building problems in connection with their construction project at 5201 Kostoryz. Mayor Blackmon stated the meeting would recess for a brief period before the scheduled public hearings on two zoning cases. •1 Minutes Regular Council Meeting January 24, 1968 Page 10 Mayor Blackmon called the recessed meeting to order and relinquished the Chair to Mayor Pro Tem Sizemore. Mayor Blackmon was excused. Mayor Pro Tem Sizemore announced the public hearing on Application 01267-4, Sweeco, Inc., for change of zoning from "R -1B" One -Family Dwelling District to "1-2" Light Industrial District for offices, service department and warehouse on the south 1.412 acres of Tract 3 of the Whelan Partition in Cause No. 14419-A set apart to Mary Whelan Golfo, fronting 290.06 feet on Interstate Highway 37. Larry Wenger, Senior City Planner located the property on the map and described the zoning and land uses of the surrounding territory; stated that at the Commission hearing held December 5, 1967, Mr. Howell Ward and Mr. Pat Morris,attorneys, had represented the applicant and described the proposed use of the property for a service department and warehouse for wholesale distributors of fire and safety equipment. Mr. Wenger stated that one other person had appeared at the hearing in favor and that no one had appeared in opposition; that the Staff reported 13 notices were mailed, one received in favor and one against; that it was the recommendation of the Zoning and Planning Commission that it be approved subject to a proper plat, and that the Staff had recommended that "1-2" be denied, but in lieu thereof "B-1" be approved to serve the adjacent residential area. Mr. Howell Ward, attorney, spoke on behalf of the applicant and explained that Sweeco, Inc. has on file another application for zoning change; that the two applications could not be heard together because of their contractual obligation on this property. Mr. Ward stated that due to the location of the subject property on Interstate Highway 37, it was better suited for industrial use than residential use; presented a site plan showing the proposed location of the building, and stated that the materials are nontoxic and nonexplosive, and that he felt this use would be in accordance with uses in the neighborhood. Mr. Ward further stated that the objection that was filed was because he did not want his Oleander bushes destroyed. In answer to questions from members of the Council, Mr. Ward stated that he had been advised by the Zoning and Planning Staff to apply for "I-2" zoning, but stated that they have no objection to a special permit. Minutes Regular Council Meeting January 24, 1968 Page 11 Mr. Larry Urban was present on behalf of the application and filed with Mr. Wenger a plat of the subject property. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by Jimenez and passed that the hearing be closed. Motion by Jimenez, seconded by Bradley and passed that Application #1267-4, Sweeco, Inc., for change of zoning from "R -1B" One -Family Dwelling District to "I4" Light Industrial District for offices, service department and warehouse on the south 1.412 acres of Tract 3 of the Whelan Partition in Cause No. 14419-A set apart to Mary Whelan Golfo, fronting 290.06 feet on Interstate Highway 37, be denied, but in lieu thereof a Special Council Permit be granted for offices, service department and warehouse building for wholesale distributors of fire and safety and all other regulations of "I-2' equipment, subject to a proper plat/, and that an ordinance be brought forward effectuating the Special Permit. Mayor Pro Tem Sizemore announced the public hearing on Application #1267-5, Mr. Oscar Garza, for change of zoning from "R -1B" One -Family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District for a furniture store use, on the south 217.6 feet of Lot 1, Block 1, Center View Subdivision located on the North side of Sonora Street between Elgin Street and Greenwood Drive. Larry Wenger located the property on the zoning and land use map and described the present uses of the surrounding territory; stated that at the Commission hearing held December 5, 1967, Mr. Garza had appeared and pointed out that he and his brother owned this property and had requested the change in zoning to permit the operation of a furniture store and appurtenant uses on the property. Mr. Wenger stated that no one had appeared in opposition; that the Staff reported 54 notices were mailed, two received in favor and none in opposition; that it was the recommendation of the Zoning and Planning Commission that the request be approved subject to a proper plat, and that the Staff had recommended denial on the basis that "B-4" should not be allowed to project into this residential area; that the existing "B-1" is adequate to serve the existing residential area. Minutes Regular Council Meeting January 24, 1968 Page 12 Mr. Garza spoke on behalf of his request and pointed out that the property has a vacant drive-in restaurant located on it, and that they are planning to enlarge the existing building from approximately 8 to 10,000 square feet; that they plan to pave the parking lot and that they are aware the property would have to be platted. Mr. Garza further stated that it is their belief that this will be an improvement to the area as the property has been used for the operation of a beer "joint" for the past 5 or 6 years. He stated that a special permit would be acceptable so long as they could use it for a furniture store. No appeared in opposition to the foregoing request. Motion by Jimenez, seconded by Roberts and passed that the hearing be closed. Motion by McDaniel that the foregoing application be tabled for further consideration. The motion died for lack of a second. Motion by Lozano, seconded by Jimenez and passed that Application #1267-5, Mr. Oscar Garza, for change of zoning from "R -1B" One -Family Dwelling District and "13-1" Neighborhood Business District to "B-4" General Business District for a furniture store operation on the South 217.6 feet of Lot 1, Block 1, Center View Subdivision located on the North side of Sonora Street between Elgin Street and Greenwood Drive, be denied, but in lieu thereof a Special Council Permit be granted for a furniture store subject to a proper plat, with the condition that the and all other regulations of "B-4", erection of any signs be subject to "8-1" regulations/, and that an ordinance be brought forward effectuating the Special Permit. Members of the visiting Student Councils from W. B. Ray and Foy H. Moody High Schools thanked the Council for being invited to attend the Council Meeting, and directed questions to the Council and Staff as to procedures and laws governing the actions of the Council. There being no further business to come before the Council, the meeting was adjourned.