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HomeMy WebLinkAboutMinutes City Council - 03/02/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 2, 1966 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney Asst. City Attorney Robert Young City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The invocation was given by the Reverend Wit1iam G. Birkner, Pastor of Grace Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Sizemore, seconded by Blackmon and passed that the minutes of the Special Meeting of February 22, 1966, at 2:00 p.m., and of the Regular Meeting of February 23, 1966, at 2:00 p.m., be approved as furnished to the Council. Mayor Furman welcomed the Student Council from Tuloso-Midway Senior High School, and their sponsor, Mr. Maurice James; and read and presented Certificates of Attendance to Susan Ammerman, Linda Steen, Sandy Bel, Dana Spears, and Toni Herrera; accepted by Mr. Maurice James. Mayor Furman read and presented proclamations relative to the following: ZONTA CLUB DAY in Corpus Christi, Friday, March 4, 1966, accepted by Mrs. N. R. Hawkins, President of the Zonta Club of Corpus Christi; SIXTEENTH ANNUAL PUBLIC SCHOOLS WEEK in Corpus Christi, the week of March 7 through March 11, 1966, accepted by Tom Wilkes, Assistant Chairman of the Public Schools Week Committee, on behalf of the students and citizens of Corpus Christi; TEXAS BUSINESS WOMEN'S WEEK in Corpus Christi, the week of March 6 through March 13, 1966, accepted by Mrs. Martina Florey, Vice -President of the Downtown Business and Professional Women's Club, and Mrs. Willie Mae Ingrum, Program Chairman; and GIRL SCOUT WEEK in Corpus Christi, the week of March 6 through March 12, 1966, and Marek 12th as the 54th anniversary of the founding of Girl Scouting in the United States of America, accepted by Mrs. Bill Holmon and Mrs. Helen Cooley. Mrs. Martina Florey, Mrs. Willie Mae Ingrum, Miss Doris Porter, and several other members of the Business and Professional. Women's Club, presented Mayor Furman with a dozen red roses. Minutes Regular Council Meeting March 2, 1966 Page 2 Mayor Furman announced appointments to Boards and Committees. Mayor Furman nominated for appointment to the Citizens Committee for Community Improvement: E. Allen Williford - Chairman; Reverend Harold Branch; H. H. McCool; Leland B. Rosa; Mrs. Marie Hubler; Reverend A. Arnott Ward; Mrs. Virginia Vargas; Frank Gamez; S. F. Hawley; David M. Wilson; Anne Dodson; H. C. Botsford; Dr. H. L. Brownlow; Gonzalo Garza; and J. R. Busby. Motion by Dunne, seconded by Jimenez and passed that the foregoing nominations for appointment to the Citizens Committee for Community Imprrovesnent be approved and confirmed. Mayor Furman announced the opening of bids. Bide were opened and read on the construction of West Guth Park Swimming Po01 from the following: Braselton Construction Company and Hayden Sales, General Contractor. The foregoing bids were tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on the purchase of two 60" Self-propelled Rotary Mowers and one 8' Fertilizer Spreader for the Park Department, from the following: Ayers Rental Tools Company of Corpus Christi; Catto & Putty, Inc. of San Antonio; Goldthwaite's of San Antonio; Village Lawn Center of Corpus Christi; Watson Distributing Company, Inc. of San Antonio; and Watson Distributing Company, Inc. of Houston. The foregoing bide were tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Furman brought up the pending item of Application #166-6, Mrs. E. U. Rivera, for ch.,nge of zoning from "R-2" Tiro -family Dwelling District to "AB" Professional Office District on Lots 45, 46, 47 and 48, Block 1305, Merchant's Addition #6, on which public hearing vas held February 16, 1966. Motion by Sizemore, seconded by McDaniel that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for "AB" zoning be denied but that "A-2" Apartment House District be approved, Minutes Regular Council Meeting March 2, 1966 Page 3 In discussing the foregoing motion, City Manager Whitney pointed out this would allow a duplex on each 50 -foot lot, and that applicant could have two duplexes, and Commissioner Jimenez asked applicant if she would be satisfied with four units. Miss Gloria Rivera, representing the applicant, advised that it would not have been necessary to apply for re -zoning for four apartments, and that applicant wanted zoning for six apartments. The foregoing motion was withdrawn by Commissioner Sizemore. Motion by Sizemore, seconded by McDaniel and passed, with Jimenez voting "Nay", that the application of Mrs. E. U. Rivera for change of zoning be denied. Mayor Fwrman called for the City Manager's Reports. Motion by McDaniel, seconded by Wallace and passed, that the City Manager's Reports, Items "&' through "h" and Itema "J" through "0" be accepted; that Item "i", which was voted on separately and deferred as reflected later in these minutes, be excluded; that Items "p" and "q" be considered separately; and that the recommendations and requests be approved and granted as follows: a. That the acceptance and final payment of Estimate #23, in the amount of $20,000, which amount had been held pending settlement of a claim and which claim has now been settled; to Bur -Tex Constructors, for the construction of the Carroll Lane McArdle Road Sanitary Sewer Trunk Main, and a thirty-six day extension of contract time for project completion, be approved.; b. That the acceptance and final payment of Estimate #2, in the amount of $800.70, to T. H. Lee, for the construction of water line relocation for I. H. #37 between Corn Products Road and Rand Morgan Road, be approved; c. That the award of contract for the construction of the Louisiana Boulevard Improvements (South Lane), from Denver to Santa Fe, be made to King Construction Company on the basis of low bid; and that appropriation in the amount of $22,500 be authorized; d. That the bid award on Concession Rights at the H. E. Butt Park and South Beach, be made to Mrs. J. M. Casares, on the basis of 18% of Groes Sales at H. E. Butt Park, and 20% of Gross Sales and 1/2 of 1% of the season's total gross sales at South Beach, for a three-year period (Bid Tabulation #66-9); Minutes Regular Council Meeting March 2, 1966 Page 4 e. That the bid award on the Transit Type Bus Chassis be made to Wightts GMC Trucks, on the basis of low bid meeting specifications, in the amount of $4,566.53 (Bid Tabulation #66-10); f. That the bid award on the Bookmobile Body be made to The Gerstenelager Company, on the basis of low bid less deletions as agreed to by the City and the Company, in the amount of $14,432.37 (Bid Tabulation #66-11.); g. That the authority to advertise for bids to be received on March 16, 1966, on Heavy Equipment, be granted; h. That the authority to advertise for bids to be received on Marsh 16, 1966, on Irrigation Equipment, be granted; i. That the approval of plana and specifications for Poenisch Park Boat Launching Facilities; and request for authority to advertise for bids, be deferred for one week. In discussing this item, Commissioner Jimenez asked if the residents in that area were aware of the proposed project. City Manager Whitney stated that the matter would came before the Council again when bids were opened and that Council would make the decision to award the contract, and that if the Council mist not approve this item, it should be disposed of now instead of going out for bids. Commissioner Jimenez stated that he thought the project was a good idea but that he would like for the residents to know about this project before bids were sub- mitted, and Mayor Pro Tem Blackmon concurred with Commissioner Jimenez's remarks. Commissioner McDaniel pointed out the development of Oso and stated that he was opposed to a boat ramp mixed in residential area. Motion by Blackmon, seconded by Jimenez and passed that the approval of plans and specifications for Poenisch Park Boat Launching Facilities, and request for authority to advertise for bids, be deferred for one week. City Manager Whitney stated that the Park Department had recommended the proposed facilities and that he would have additional information for Monday night's Workshop. j. That the plans and specifications for Court Resurfacing and Foundation Repairs for the H. E. Butt Tennis Center be approved.; and that authority to advertise for bids to be received March 23, 1966, be granted; Minutes Regular Council Meeting March 2, 1966 Page 5 k. That the request of Thomas J. Greene for Revocable Easement to construct two Groins and Bulkhead on Corpus Christi Beach be approved subject to removal at the request of the City Council; 1. That the recommendation of the Traffic Safety Advisory Board that Williams Street, Lawrence Street, Scbatzel Street and Peoples Street be made one- way between East Shoreline and West Shoreline, be approved; m. That the recommendation of the Traffic Safety Advisory Board that Greely Drive, from Parade Drive to Belmeade Drive, be made one-way between the hours of 8:00 a.m. and 5:00 p.m. on weekdays only, be approved; n. That the employment of Max F. Dullnig, Jr. for appraisal of land and improvements of Nueces Transportation Company, be approved; 0. That the date of March 30, 1966, be set for public hearing on one zoning application; p. That the request of Sheridan Lewis, representing the Boys' Club, for approval of the application for a Federal Grant in connection with the Boys' Club facilities, be considered separately; City Manager Whitney advised that he had received a letter from Mr. Sheridan Lewis, representing the Boys' Club, requesting approval and author- ization to proceed to file the necessary documents to apply for a Federal Grant in connection with the Boys' Club facilities; that City funds would not be involved; that it was a good project and would serve a fine purpose in the area; and that several legal questions needed to be resolved before he made a recom- mendation. Motion by Blackmon, seconded by Jimenez and passed that the Council go on record as favoring the plan and that the matter be tabled for at least one week to allow the City Manager and Staff an opportunity to work out the details and make a recommendation. q. That the application of Cities Service Oil Company to drill Well Il, State Tract 21, Corpus Christi Bay, which was referred to the Bay Drilling Committee for recommendation, be considered separately. Minutes Regular Council Meeting March 2, 1966 Page 6 Commissioner McDaniel stated that the recommendation of the Bay Drilling Committee was that the application be approved and the location be 660 Feet from the Northwest corner and 660 Feet from the Northeast corner. Motion by McDaniel, seconded by Blackmon and passed that the application of Cities Service Oil Company to drill Well #1, State Tract 21, Corpus Christi Bay, be approved with the location being 660 Feet from the Northwest corner and 660 Feet from the Northeast corner. Minutes Regular Council Meeting March 2, 1966 Page 7 ORDINANCE NO. 7920 RECEIVING AND ACCEPTING CONSTRUCTION OF THE CARROLL LANE-McARDLE SANITARY SEWER TRUNK MAIN, PROJECT N0. 250-59-11, AS PERFORMED BY THE CONTRACTOR, BUR -TES CON- STRUCTORS, UNDER THEIR CONTRACT DATED 28 SEPTEMBER 1960, AUTHORIZED BY ORDINANCE N0. 5913; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 23 DATED 23 FEBRUARY 1966 IN THE AMOUNT OF $20,000, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 250 SANITARY SEWER BOND FUNDS PREVIOUSLY APPRO- PRIATED; APPROVING A 36 DAY EXTENSION OF CONTRACT TIME FOR PROJECT COMPLETION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7921 RECEIVING AND ACCEPTING THE CONSTRUCTION OF WATER LINE RELOCATION FOR I.H. 37 BETWEEN CORN PRODUCTS ROAD AND RAND MORGAN ROAD, AS PERFORMED BY CONTRACTOR, T. H. LEE, UNDER HIS CONTRACT DATED DECEMBER 1, 1965, AUTHORIZED BY ORDINANCE N0. 7810; AUTHORIZING PAYMENT OF FINAL ESTIMATE N0. 2, DATED FEBRUARY 25, 1966, IN THE AMOUNT OF $800.70, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 141 WATER FUNDS PREVIOUSLY APPROPRIATED IN ACTIVITY NO. 5171, CODE 502; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE N0. 7922 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR CONSTRUCTION OF LOUISIANA BLVD. STREET IMPROVEMENTS ( SOUTH LANE), DENVER TO SANTA FE, PROJECT NO. 220-64-82; APPROPRIATING OUT OF N0. 220 STREET BOND FUND THE SUM OF $22,500, OF WHICH AMOUNT $20,609.40 IS FOR THE CONSTRUCTION CONTRACT AND $1,890.60 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, 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: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE it O. 7923 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 BY ORDINANCE NO.6106, AS AMENDED, UPON APPLICATION OF SEA DOLLAR, INC. AND SEA LANDS, INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF A 28.64 -ACRE TRACT OF LAND OUT OF LOTS 17 AND 18, SECTION 2, FLOUR BLUFF AND ENCINAL FARM AND GARDENS TRACT, SAID TRACT BEING KNOWN AS PARKDALE AUTOTOWN, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B", "AB", '8-1" AND "B-4" TO "B-5" PRIMARY BUSINESS DISTRICT; KEEPING IN ErNACT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 2, 1966 Page 8 In the discussion on the foregoing ordinance, it was pointed out by Mr. Joseph Hans, Architect, that "B-5" zoning was required for the needs that existed in the Parkdale Autotown Complex, and that "B-5" zoning had been approved by the Council previously. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7924 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON TBE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICA- TION OF THE CORPUS CHRISTI CIVITAN CLUB, BY GRANTING A SPECIAL COUNCIL PERMIT ON LOTS 8 AND 9, BLOCK 8, LEXINGTON CENTER, SAVE AND EXCEPT THOSE PORTIONS TAKEN FOR LEXINGTON BOULEVARD RIGHT OF WAY (STATE HIGHWAY 358) IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A BOY SCOUT HUT, SUBJECT TO THE SITE PLAN SUBMITTED; 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: Furman, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "lye," Blackmon disqualified. ORDINANCE NO. 7925 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF HAROLD N. SIEMER, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF ALL OF LOT 15, AND THE EAST 275 FEET OF LOT 16, BLOCK 1, LAKEVIEW ACRES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVI- SIONS 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: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7926 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 TINE TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS. AMENDED, UPON APPLICATION OF JOSE LUGO LOPEZ, BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT 2, BLOCK 2, DAHLIA TERRACE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF AN AUTO UPHOLSTERY SHOP SUBJECT TO THE CONDITIONS HEREINAFTER SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 2, 1966 Page 9 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7927 AUTHORIZING EMINENT DOMAIN PROCEEDING`: BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND; DESCRIBING THE SAME; DESIGNATING THE TITLE HOLDER; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE THE SUBJECT PROPERTY OR PROPERTIES WITHIN THE CORPORATE CITY LIMITS OF CORPUS CHRISTI FOR PARK, OR SCIENCE PARR, AND OTHER MUNICIPAL PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7928 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH MRS. J. M. CASABES FOR CONCESSION RIGHTS FOR A THREE-YEAR PERIOD, BEGINNING MARCH 1, 1966, AND ENDING FEBRUARY 28, 1969, AT THE H. E. BUTT PARK AND SOUTH BEACH, RESPECTIVELY, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A COPY OF WHICH 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: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." RESOLUTION NO. 7929 APPROVING THE OFFICIAL PLAN OF ACTION OF THE CITY OF CORPUS CHRISTI FOR EFFECTIVELY DEALING WITH THE PROBLEM OF URBAN SLUMS AND BLIGHT WITHIN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO PRESENT SUCH "PROGRAM" TOGETHER WITH ALL REQUIRED DOCUMENTS AND STATEMENTS TO THE ADMINISTRATOR OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR APPROVAL PURSUANT TO THE HOUSING ACT OF 1949, AS AMENDED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resoluttn was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." RESOLUTION 7930 DETERMINING THE NECESSITY OF ESTABLISHING A COMMITTEE TO ASSIST THE CITY OF CORPUS CHRISTI IN THE OPERATION OF A WORKABLE PROGRAM AND ESTABLISHING THE CITIZENS COMMITTEE FOR COMMUNITY IMPROVEMENT, SAID COMMITTEE TO CONSIST OF MEMBERS FROM A CROSS SECTION OF THE POPULATION OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." Minutes Regular Council Meeting March 2, 1966 Page 10 ORDINANCE NO. 7931 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY AMENDING SECTION 21-153 BY ADDING TO THE LIST OF ONE-WAY STREETS THE FOLLOWING: WILLIAMS STREET, LAWRENCE STREET, SCHATZEL STREET AND PEOPLES STREET; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-153 SY ADDING GREELY DRIVE, FROM PARADE DRIVE TO BELMEADE DRIVE, TO THE LIST OF ONE-WAY STREETS, BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M. ON WEEKDAYS ONLY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." Mayor Furman declared a brief recess before the scheduled public hearing on street assessments, during which time Mayor Furman departed. Mayor Pro Tem Blackmon reconvened the meeting, directed that it be noted that the Council was all present with the exception of Mayor Furman Who had been Palled away from the meeting, and announced the Council would now hold the public hearing scheduled for 3:00 p.m. on Assessments for the proposed street improve- ments for a portion of South Staples Street, from Goltihnr Road to Lexington Boulevard; a portion of Golilher Road, from South Staples to Caddo Street, a portion of McArdle Road from Staples to Zarsky; and McArdle, 130 Feet North- westerly from Staples; explained that each member of the Council had been presented with a Preliminary Assessment Roll; and that Tom McDowell, Assistant City Attorney, would conduct the public hearing. Assistant City Attorney McDowell explained the purpose of the public hearing and stated that the Staff would offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing was to fora a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Mr. James K. Lontos, City Engineer, presented the plane for the street improvements and the Preliminary Assessment Roll; testified to the nature, extent and specifications of the proposed improvements; the cost of construction; Minutes Regular Council Meeting Marsh 2, 1966 Page 11 the amount of cost to be borne by the City, and the amount to be assessed against the abutting property owners; the manner in which such pro rata share was computed; and explained that South Staples Street and Gollihar Road were considered major thoroughfares, and in accordance with the Master Transportation Plan, would be 67 Feet wide. Harold Carr testified as to his background and experience vbich he felt qualified him as a real estate appraiser for all types of properties in this City; testified that he had personp1l7 viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed. within the past week the prelim+nary assessment rail and each of the properties to be assessed; and, that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessments, with the following exceptions, for which he recommended that the assessments be reduced as follows; Item #22, R. R. Berkebile - Reduce assessment of curb, gutter and pavement to $639.67; sidewalk assessment to $165.24; for a total assessment of $804.91; Item 026, Robert L. Cooper - Reduce assessment of curb, gutter and pave- ment to $1,114.691 sidewalk assessment to $287.44; for a total assessment of $1,$oa.13; Item #46, Clem Govatos - Reduce assessment of curb, gutter and pavement to $1,667.41, for a total assessment of $2,074.34. Mayor Pro Tem Blackmon stated he would call the names of the property owners as they are listed on the assessment roll, and invited each property owner to state his approval or objection to any of the proposed improvements orassess- mantis to his property. The following persons appeared; Mr. John Brooke, attorney representing Wm. M. Singleterry (Item #17); Wm. E. Crews (Item #18); Paul Revere Russell Jr. (Item #19); M. E. Maitriek (Item 00); L. D. Oster (Item #21); R. R. Berkebile (Item Aa2); W. S. Stewart (Item #23); John Glaser (Item #24); Robert L. Cooper (Item #26); and H. H. Potter (Item #27); appeared before the Council and stated that these property owners had no objection to the assessment for curbs, gutters and sidewalks, but they did object to the assessment for widening South Staples Street on the basis that there would be no enhancement to the property at all and that it would, in fact, lessen the value of such property. Minutes Regular Council Meeting March 2, 1966 Page 12 Mt. Brooke further stated that these were all residential properties; that none had access to South Staples Street; that having a wider, more heavily traveled street aeti'lly lessened the value of the properties; and that he had talked with several lending agencies in the City, and presented a letter from Mr. Bruce Lynn, Vice -President of Farm and Rome Savings Association, relative to their loan policy on residential properties abutting on thoroughfares and stating that it vas their feeling that widening this street would have en adverse effect in the value of any residential property so located and that it was their policy to penalize any of these properties because of the adverse effect on initial sale and subsequent resale value. Attorney Brooke called Thomas Givens as a witness, who testified to his background and experience which he felt qualified him as a real estate appraiser for all types of properties in this City; that he had personally viewed the properties and the preliminary assessment roll with respect to Items X17 through X27, exclusive of Item #25; and that in his opinion, the enhanced value of the properties was not in accordance with the amount of the assessment against the properties. Mr. Givens stated that in making a survey along the streets that had been widened and paved, the amount of traffic and noise reduced the value, par- ticularly on corner lots; that the closer you bring traffic to a single family dwelling the harder it is to find a buyer; that inside houses generally sell better; and that the enhancement of the properties is negligible if any, and that the assessments are far in excess. Mr. Givens further stated that a survey was conducted by the Society of Real Estate Appraisers several years ago, and that although the study vas never completed; it was evident to him that corner lots did not bring the prices that the inside houses did. In answer to a question from Attorney McDowell relative to the property being increased in value by the improvements, Mr. Givens replied that he dis- agreed that the property would be increased in value as all the houses had fences and very little access to that street, and that the property owners had maintained their portion of their property. Minutes Regular Council Meeting March 2, 1966 Page 13 Attorney Brooke stated that his clients were not opposed to the assess- ments of curbs, gutters and sidewalks and that it would improve the value of the properties to some extent; but that they were opposed to the widening of the street. In answer to questions from the Council, Mr. Givens stated that all the properties faced the side streets entering into South Staples, and that widening the street would bring the traffic closer to their properties. Attorney MoDowell asked Mr. Givens if he thought the improvement of the street and its physical characteristics in this particular area would offset any detriment because of noise and traffic, and Mr. Givens replied that the noise and traffic would make it harder to sell these properties and that it might offset the detriment but would not enhance it. Attorney Brooke asked Mr. Carr about his statement that the properties so assessed would be enhanced in value at least to the extent of the proposed assessments; and Mr. Carr replied that the property owner would have a better chance of selling as the value of the property had been enhanced by this program; that there may be more traffic but the greater traffic would be less offensive; and that the enhanced properties are less difficult to sell. Mr. Carr stated that the study relative to corner lots was never adopted and that the study left it up to a case of judgment. Mr. Brooke asked Mr. Carr if the basis of his opinion was solely on his long experience in the community, and Mr. Carr replied that it was based upon his experience and that amenties were considered. Mr. Wm. E. Crews (Item #18) stated he was opposed to the cost of the improvements and that he did not believe the property owners should pay for South Staples paving as their houses did not face on this street; that it was amain artery street and traveled by thousands of other persons, and inquired about the residential cost for a business street. City 1neer Lantos explained that $5.88 is the maximum rate for curbs and gutters and that the actual cost for this type of paving would exceed $5.88 and that it was a limit set by the Council for residential use. City Manager Whitney pointed out that the property owners were being assessed what it would cost if it was an average 30 -foot street for residential use. Minutes Regular Council Meeting March 2, 1966 Page 14 Mr. Gerald Smith (Item #25) stated he had no specific objection to the proposed improvements. Mr. Roy Smith (Item #28 and Items #17, #48, and #49), inquired about the assessments on the undeveloped land that was being used for farming purposes; and stated that he had given the City same extra land for right-of-way purposes several years ago near a point of land that Mr. Clem Govatos (Item #46) had recently sold .o the City; that it might not be ethical for the City to reimburse him for the land.; and further stated that he thought 80% assessment was too much for a property owner to pay. Mr. Carr testified that the highest best use of the undeveloped property would be a shopping center. Mr. Joseph Hans, representing Sea Dollar Corporation (Item #30); John W. Crevling (Item #31); Bird Pontiac (Items #32 and #33); and Jack McKenzie Trustee (Item #52); stated that these property owners had no objection to the improvement program but object to the preliminary assessment roll; and that in some oases there would be more driveways and on others there would be less drive- ways, and asked that adjustments be made. City Manager Whitney advised that upon completion of the project a corrected assessment roll was always prepared. Attorney McDowell stated that it was his feeling that it would be less difficult to sell a house after the abutting streets were improved; that fences do not take care of noise but only the unsightly appearance of the street and ditches that exist now; that the properties would be much more attractive after the street is improved; and that there were more reasons and evidence for enhancement as to the extent of the assessments, and more reasons for the property being enhanced. Attorney Brooke stated that if the paving assessment resulted in enhancement in the value of the property, the Council had the legal right to assess up to the amount of that economic enhancement; that if the value of the property is not increased by every dollar assessed then the assessment was too Minutes Regular Council Meeting March 2, 1966 Page 15 high; and that the property owners were being asked to bear a substantial part of the coat of paving amain artery street that should be borne by the public generally. Mr. Brooke further stated that the evidence given indicated that if there was any economic enhancement it was very slight, and if so, the Council had no legal right to assess these property owners. Mr. C. N. McAlister (Item #4+) was present but did not make any statements. Attorney McDowell stated that he felt the enhancement, based on the physical characteristics of the properties and the street at the present time and the traffic, would be reflected in the market value of these homes, and that by these improvements "we are making a bad situation better." No one else appeared to be heard in connection with the proposed street improvements. Mayor Pro Tem Blackmon pointed out that conflicting opinions had been given by veil -qualified experts; that no decision would be made at this time on the proposed assessments; and that the hearing could be closed at this time. Motion by McDaniel, seconded by Wallace and passed that the hearing be closed. There being no further business to come before the Council, the meeting was adjourned.