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HomeMy WebLinkAboutMinutes City Council - 02/14/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 14, 1968 2:00 P.M. 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 City Manager R. Marvin Townsend Assistant City Attorney Bob Young City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Commissioner W. J. Roberts in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of February 5, and of the Regular Meeting of February 7, 1968, were approved as submitted to the Council. Mayor Blackmon read and presented proclamations relative to the following: NATIONAL ENGINEER'S WEEK, February 18-24, 1968, honoring the engineering profession of the City of Corpus Christi, received 6y Frank S. Woodard, Eugene McCann, Bill Minor, D. F. Kauffman, John A. Dittmar, Herbert Goodenough, Frank C. Taylor, Mody Boatright, Dr. J. B. Finley, Edwin D. Davis, Ralph W. Frank, Cdr. George Barnes, Bob Winslow, and Mrs. George Barnes, representing the Auxiliary; SERTOMA'S FREEDOM WEEK, February 22, 1968, in cooperation with the organization's Freedom Program dedicated to the re -emphasis of the values and responsi- bilities of man in a free society, received by Jack Ponton; NEGRO HISTORY WEEK, February 11-17, 1968, in appreciation of the contributions American Negroes have made to the history of the United States, received by Mrs. Cornelius Wimbish; BROTHERHOOD WEEK, February 19-25, 1968, to promote understanding and cooperation among Protestants, Catholics and Jews, received by Mr. Joe T. Holland; and LULAC WEEK, the week of February 11,1968, urging proper observance and recognition of the contributions made by this organization to the American way of life, to be presented to Mr. Tony Bonilla. is 6 Minutes Regular Council Meeting February 14, 1968 Page 2 Mayor Blackmon recognized the Student Council of West Oso High School, and read and presented Certificates of Attendance to Juan Gonzalez, Esperanza Moreno, Reuben Gonzalez, Danny Noyola, Marilyn Anderson and Ida Hernandez. Bids were opened and read on various items of Automotive Equipment from the following firms: Lewis Boggus, Creveling-Dodge, Nueces Mack, Lew Williams Chevrolet, and International Harvester 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. Bids were opened and read on various items of Athletic Field Lighting from the following firms: C. C. Electric, Flato Electric, Graybar Electric, Southern Electric, Sterett Supply, Westinghouse Electric, and General Electric. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Bids were opened and read on various items of Special Bodies from the following firms: Commerical Body Corp. (S.A.); Davis Truck & Equipment (Houston); Gruehauf Trailers (S.A.); Girard Machinery; Nolan Corp. (Arlington); Pickup Equipment Company (Houston); Hobbs Trailers (S.A.); Pak -Mor Manufacturirg (S.A.); and Truckers Equipment. 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 Roberts, seconded by Lozano and passed, with Sizemore voting "Nay" on Item "h", that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: a. That the date of March 6, 1968, be set for public hearing on the assessments for Everhart Road from Padre Island Drive to Holly Road; b. That acceptance and final payment of Estimate No. 2, in the amount of $10,871.25, representing the balance due the contractor, R. S. Black, for completion of reconstruction of Minutes Regular Council Meeting February 14, 1968 Page 3 the McMullen Bridge, total work done representing an overrun of approximately $525.00 from the contract amount of $13,046.76, be approved; c. That the acceptance and final payment of Estimate No. 2, in the amount of $38,606.70, representing the balance due Heldenfels Brothers upon completion of the Gollihar Park Storm Sewer Improvements, being approximately $575.00 under the contract amount of $61,393.50, be approved; d. That the hearing held on February 7, 1968 be closed, and the assessment roll for Everhart Road, from Avalon to South Staples, and Gollihar Road, from S.H.286 to Ayers Street, be approved; e. That the award of contract for the construction of Everhart Road, from Avalon to South Staples, and Gollihar Road, from S.H.286 to Ayers Street, be made to King Construction Company on the basis of low bid meeting specifications in the amount of $138,390.10; and appropriating a total sum of $147,000 for the construction contract including contingencies; f. That the authority for acceptance of Minute Order 60318 of the Texas Highway Department for 50-50 participation in the construction, operation and maintenance of street lighting for approximately 4.5 miles of Padre Island Expressway, the City's share estimated to be $108,300 financed from resources remaining from the 1956 Expressway Bond Program, be granted; g. That the award of bid on various items of Automotive Equipment be made to the following firms on the basis of low bid meeting specifications: (Bid Tabulation #8-68) ED HOFFMAN MOTORS: Item 2 30 - 4 door Sedans, 8 cyl., automatic transmission, air-conditioned 1968 Plymouth Fury $2,040.95 $61,228.50 Item 3 2 - 4 door Sedans, 8 cyl., automatic transmission 1968 Plymouth Fury $1,887.60 3,775.20 Item 4 13 - 4 door Sedans, 6 cyl., standard transmission 1968 Plymouth Valiant $1,480.42 19,245.46 $84,249.16 Minutes Regular Council Meeting February 14, 1968 Page 4 LEWIS BOGGUS MOTORS, INC.: Item 5 1 - 4 door Station Wagon, 8 cyl., standard transmission 1968 Ford Ranch Wagon $2,016.91 $ 2,016.91 h. That the bid award on various items of Traffic Control Equipment be made to the following firms: (Bid Tabulation 09-68) JACK HULETT SALES - Fort Worth Item I A & B Quad Left Turn Controllers Item 11 A, B & C Dual Left Turn Controllers Item IX A & B Moduvac Controllers (Subject to 1% per day penalty for each day of non-delivery) NUNN ELECTRIC SUPPLY CORPORATION - Corpus Christi Item III Semi Actuated Controller Item V A, B, C, D & E Detectors Item VI A & B Traffic Signal Standards Item VIII A, B, C & D Traffic Signal Control Cable $ 9,028.00 9,669.24 5,327.70 $24,024.94 $ 714.00 5,372.96 2,478.00 2,941.62 $11,506.58 ECONOLITE COMPANY - Fort Worth Item IV A, B, C, [J & E Traffic and Pedestrian Signals $ 3,836.38 Item VIII A & B Traffic Signal Standards for Ocean Drive 5,116.72 $ 8,953.10 i. That the date of March 5, 1968, Special Council Meeting, 2 p.m., be set for public hearing on 8 zoning cases; j. That an appropriation in the amount of $2,719 for acquisition of Parcel 03 from A.L. Rankin, for Gollihar, Dody to Greenwood, of which amount $2,624.00 is for land cost, and $95.00 for title expenses and related costs, be authorized; k. That a resolution authorizing the filing of an application for Federal Funds in the amount authorized by Title VII of the Housing Act of 1961, presently estimated to be $750,000.00, the City paying the balance from available funds, to acquire and develop open -space land, be authorized; Minutes Regular Council Meeting February 14, 1968 Page 5 I. That the request of Atlantic Richfield Company for a Workover Permit to recomplete their Rand Morgan Well #37, Saxet Field, located 467' North of the Tex-Mex Railroad and 467' from the East line of the 320 acre unit out of the Enriquez Villarreal A-1 Survey, be approved as requested in accordance with the recompletion and abandonment procedure submitted with the application; m. That the request of Cities Service Oil Company for a permit to drill State Tract #96, Well #1, deviated from a surface location within the drilling cluster established by Southem Petroleum Exploration's State Tract 81 #1, be granted as requested. ORDINANCE NO. 8753 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOW- ING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: EVERHART ROAD, FROM PADRE ISLAND DRIVE TO HOLLY ROAD; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; 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. 8754 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: EVERHART ROAD, FROM PADRE ISLAND DRIVE TO HOLLY ROAD; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON MARCH 6, 1968, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF CORPUS CHRISTI; 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 February 14, 1968 Page 6 ORDINANCE NO. 8755 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON EVERHART ROAD, FROM AVALON TO STAPLES, AND THAT PORTION OF GOLLIHAR ROAD FROM AYERS TO S.H. 286, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN; FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF EVERHART ROAD AND GOLLIHAR ROAD, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREETS, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID STREETS AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPT- ANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; 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. 8756 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AN ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR CONSTRUCTION OF STREET IMPROVEMENTS ON EVERHART ROAD FROM AVALON TO STAPLES AND ON GOLLIHAR ROAD FROM AYERS TO S.H. 286 IN THE TOTAL AMOUNT OF $138,390.10; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $147,000.00, OF WHICH AMOUNT $101,825.20 IS FOR THE CONSTRUCTION CONTRACT AND $6,400.80 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, LABORATORY, WITNESS AND ADVERTISING COSTS, APPLICABLE TO THE EVERHART ROAD PORTION, PROJECT NO. 220-67-89, AND $36,564.90 IS FOR THE CONSTRUCTION CONTRACT AND $2,209.10 I5 FOR THE CONTINGENCIES INCLUDING ENGINEERING, LABORATORY, WITNESS AND ADVERTISING COSTS APPLICABLE TO THE GOLLIHAR ROAD PORTION, PROJECT NO. 220-67-86; 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. 8757 RECEIVING AND ACCEPTING CONSTRUCTION OF THE GOLLIHAR PARK STORM SEWER IMPROVEMENTS, PROJECTS NO. 220-67-86 AND 295-67-50, AS PERFORMED BY THE Minutes Regular Council Meeting February 14, 1968 Page 7 CONTRACTOR, HELDENFELS BROTHERS, UNDER THEIR CONTRACT DATED OCTOBER 25, 1967, AUTHORIZED BY ORDINANCE NO. 8635, AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, DATED FEBRUARY 2, 1968, IN THE AMOUNT OF $38,606.70, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, 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. 8758 RECEIVING AND ACCEPTING THE WORK OF RECONSTRUCTION OF THE McMULLEN BRIDGE, AS PERFORMED BY THE CONTRACTOR, R. S. BLACK, UNDER HIS CONTRACT DATED NOVEMBER 15, 1967, AUTHORIZED BY ORDINANCE NO. 8658; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, DATED FEBRUARY 7, 1968, IN THE AMOUNT OF $10,871.25, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM FUNDS PROVIDED IN STREET DIVISION ACTIVITY NO. 4925, CODE 345; 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. 8759 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 EDGAR LINKENHOGER, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON GUTH PARKSIDE ANNEX, BLOCK 1, LOT 1, FILED IN VOLUME 33, PAGE 94, NUECES COUNTY MAP RECORDS, ON FEBRUARY 6, 1968, FORMERLY KNOWN AS A PORTION OF TRACT 1, OF STATE SURVEY 422, ABSTRACT 450, LOCATED ON THE SOUTHWEST CORNER OF RAND MORGAN ROAD AND INTERSTATE HIGHWAY 437, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING 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 February 14, 1968 Page 8 ORDINANCE NO. 8760 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 MR. B. A. CARTER BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT 1, BLOCK 2, GRAY VILLAGE, UNIT 2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE CONSTRUCTION AND OPERATION OF A FUNERAL HOME, ALL AS MORE FULLY SHOWN ON THE SITE PLAN WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; 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." ORDINANCE NO. 8761 APPROPRIATING THE SUM OF $2,719 OUT OF NO. 220 STREET BOND FUNDS, SAID FUNDS HEREBY APPROPRIATED ARE FOR THE ACQUISITION OF ONE PARCEL OF LAND, BEING PARCEL NO. 3 FOR RIGHT-OF-WAY FOR GOLLIHAR, DODY TO GREENWOOD, PROJECT 220-67-86, THE SUM OF $2,624.00 FOR LAND COST AND $95.00 FOR TITLE EXPENSE AND RELATED COST OF CLOSING; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCEL OF LAND, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THIS ORDINANCE; 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. 8762 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, FOR A FEDERAL GRANT TO ACQUIRE AND DEVELOP OPEN -SPACE LAND; 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 February 14, 1968 Page 9 ORDINANCE NO. 8763 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE CITY OF PORTLAND, TEXAS, APPORTIONING OVERLAPPED AREA OF EXTRATERRITORIAL JURISDICTION OF CERTAIN LAND AND BAY AREAS, ALL IN ACCORDANCE. WITH THE TERMS OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; REPEALING ORDIN- ANCE 8667; 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. 8764 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 ROBERT R. BRODKEY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT A -R, ALAMEDA CENTER UNIT I1, FILED FOR RECORD IN VOLUME 33, PAGE 85, NUECES COUNTY MAP RECORDS ON JANUARY 17, 1968, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING 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." Following a brief recess, Mayor Blackmon announced the Council would now hear the scheduled public hearings on three zoning cases, and explained the procedure to be followed. Mr. Hulen H. Hunt, Application #168-2, requests a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District for a retail development to serve adjacent areas on 2.622 acres out of Lot 16, Section 3, Block "A" of proposed Hacienda Estates Unit 1. Larry Wenger, Senior City Planner, presented the application, located the property on the map and pointed out the land use of the surrounding area; stated that at the Commission hearing held January 9, 1968, Mr. Larry Urban, engineer for the applicant, appeared and stated that a plat has been submitted to the Zoning and Planning Deportment which indicates a Minutes Regular Council Meeting February 14, 1968 Page 10 business use at this location. Mr. Wenger confirmed that a plat has been approved by Z&P but has not been filed for record. Mr. Wenger stated that no one had appeared in opposition; that the Staff reported that nine notices were mailed, none were received in favor nor in opposition; that it was the recommendation of the Zoning and Planning Commission that it be denied but in lieu thereof "8-1" Neighborhood Business District be approved subject to a proper plat, and that the Staff concurred in this recommendation. Mr. Hunt appeared in support of the application, and stated that he was the owner of the land; that "3-4" zoning was being requested for the operation of a service station and a Circle "K" convenience market, and that "3-4" was desired to permit larger advertising signs. He further stated that screening fences will be constructed according to City Specifications. No one appeared in opposition to the foregoing application. Motion by Bradley, 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 #168-2, Mr. Hulen H. Hunt, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District for a retail development to serve adjacent areas on 2.622 acres out of Lot 16, Section 3, Paisley Subdivision of the Hoffman Tract, same being designated as proposed Block "A" of proposed Hacienda Estates Unit 1, be denied, but that in lieu thereof "13-1" Neighbor- hood Business District be approved subject to a proper plat and compliance with standard fence requirements, and that an ordinance be brought forward effectuating the change. Mayor Blackman announced the public hearing on Application 168-3, Mr. Joe D. Moore, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District for an apartment project requiring 1500 square feet of land per unit, on a portion of Lot 4, Section 2, Bohemian Colony Lands, having 10 acres, plus or minus, fronting 1100' on Holly Road and 382' on Weber Road. Larry Wenger presented the application; located the property on the map and described the zoning and land use of the surrounding area. Mr. Wenger pointed out that an Minutes Regular Council Meeting February 14, 1968 Page 11 application for a townhouse project made by owner Jack Ryan was pending before the City Council; stated that it was heard on October 16, 1967, and approved as a special permit subject to a site plan and a proper plat, and that both conditions have not been complied with, and that the application has since been withdrawn for financial and other reasons, so that Mr. Moore could make application for "A-1" Apartment House District zoning on the same area. Mr. Wenger stated that the applicant had appeared before the Commission hearing held January 9, 1968, and stated that he was the proposed developer; was ready to begin construction of the apartment development immediately, and that it would be developed in two stages, as Unit A and Unit E, and that Unit A would have 150 units. Mr. Wenger stated that Mr. Tom McDowell, City Attorney and property owner in the area, had appeared at the Commission hearing and questioned whether Montego Drive (proposed) would be developed to help relieve the heavy traffic congestion along Weber and Holly Roads, and that Mr. Moore had stated that it was not his plan at this time to develop this street, but that he has a verbal agreement with Mr. Jack Ryan to pay his share of the development and paving of MontegoStreet when Mr. Ryan's property is developed, and that Mr. Ryan had confirmed this agreement. Mr. Wenger stated that no one had appeared in favor nor in opposition to the request; that the Staff reported that five notices were mailed, one received in favor and none in opposition; that it was the recommendation of the Zoning and Planning Commission that the request be approved as requested subject to a proper plat, and that the Staff had recommended denial on the basis that it is shown on a preliminary plat as single-family area, that traffic would be congested, and that utility lines are inadequate. Mr. Moore, applicant, spoke in support of his request, and stated that in his opinion this land is only suitable for apartment areas; pointed out the apartment districts next to Carroll High School, and the shopping areas in the area, and that it generally lends itself to an apartment district. Mr. Moore stated that he felt the traffic problem would take care of itself with the development of new streets around the area; stated that he has a master plan for the entire ten acres, and that it would provide for the required 1 - 1/2 parking ratio on the Minutes Regular Council Meeting February 14, 1968 Page 12 Lot and over 2 - 1 ratio on the street. Mr. Moore stated that he has a plot plan which he can make available to the Council. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Roberts and passed that the hearing be closed. Motion by Bradley, seconded by McDaniel and passed, that the foregoing application be tabled for further consideration of the site plan of the applicant. Mayor Blackmon announced the public hearing on Application 0168-4, Sweeco, Inc., for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on the South 0.359 acres of Tract 3 of the Whelan Partition facing the frontage road of Interstate Highway 37 and Manchester Avenue. City Manager Townsend reported that a telephone message had been received from Mr. Howell Ward this date, asking that the hearing be deferred pending a meeting of the Staff Plats Committee on Friday of this week. It was determined, and verified by Mr. Larry Urban, that Mr. Ward had acted from a misunderstanding of the procedure in matters of this kind, and that the Council should proceed with the hearing. Larry Wenger located the property on the map; pointed out the land use of the surrounding area; stated that at the Commission hearing held on January 9, 1968, the applicant was not represented; that the Staff reported that 13 notices were mailed, none received in favor nor in opposition. Mr. Wenger explained that Sweeco, Inc., had made application for a change in zoning on a tract of land immediately West of this tract, on which a public hearing was held December 5, 1967, by the Commission, at which time the Commission recommended "1-2" zoning be approved which is the same zoning requested on the subject tract. Mr. Wenger further stated that it was the recommendation of the Zoning and Planning Commission that the request be approved as requested subject to a proper plat. No one appeared in favor or in opposition to the foregoing request. Motion by Bradley, seconded by Roberts and passed that the hearing be closed. Minutes Regular Council Meeting February 14, 1968 Page 13 Motion by Sizemore, seconded by Jimenez and passed, that the recommenda- tion of the Zoning and Planning Commission recommending that Application 168-4, Sweeco, Inc., for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District, on the South 0,359 acres of Tract 3 of the Whelan Partition facing the frontage road of Interstate Highway 37 and Manchester Avenue, be denied, but that a Special Council Permit for offices, service department and warehouse building for wholesale distributors of fire and safety equipment, subject and further subject to the site plan approved by Zoning & Planning Depi to a proper plat and, all other regulations of ":i-2', be approved.,/and that an ordinance be brought forward effectuating the Special Permit. There being no further business to come before the Council, the meeting was adjourned.