HomeMy WebLinkAboutMinutes City Council - 03/30/1966MINUTES
CITY OF CORPUS CBRISTI, TEXAS
REGULAR COUNCIL MEETING
March 30, 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
City Attorney I. M. Singer
City Secretary T. Bay Kring
Mayor McIver Furman called the meeting to order.
The invocation was given by Mayor Pro Tem Jack R. Blackmon in the absence
Of the invited guest Chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by McDaniel, seconded by Sizemore and passed that the minutes of
the regular meeting of March 23, 1966, at 2:00 p.m., be approved as furnished to
the Council.
Mayor Furman welcomed representatives of the Student Council from Incarnate
Word, and their sponsor, Sister Mary Stevens; and read and presented Certificates of
Attendance to Mitzi Lytton, Mary Ellen Martinez, Anna Marie Espinosa, and Linda
Reichert; accepted by Mary Ellen Martinez.
Mayor Furman welcomed Scout Gary Ayers, Troop 178, and read and presented
Certificate of Attendance for his participation and interest in governmental affairs.
Mayor Furman read and presented a proclamation proclaiming the week of
April 1 through April 7, 1966, TEXAS INDUSTRIAL WEEK; accepted by Tom McKeown,
Executive Director of the Municipal Industrial Commission; and Sims P. Brooks,
Manager of the Chember of Commerce Industrial Department.
Mayor Furman, welcomed Mayor W. F. Fitzsimmons, Jr., Mayor of Ingleside,
Texas.
Mayor Furman announced appointments to Boards and Committees.
Mayor Furman nominated Paul Montemayor for appointment to the Citizens
Committee for Community improvement.
Motion by Sizemore, seconded by Dunne and passed that Paul Montemayor be
appointed to the Citizens Committee for Community Improvement.
Minutes
Regular Council Meeting
March 30, 1966
Page 2
Mayor Furman announced the opening of bids.
Bids were opened and read on the purchase of Traffic Control Equipment for
Traffic Engineering, from the following: Econolite; Signal Sales & Maintenance
Corporation; Signal Engineering Company; and Nunn Electric Supply Corporation.
The foregoing bids 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 clarification of action relative
to Application #1265-2, Dr. Wilfred D. Whiteside, for change of zoning from "R-2" Two-
fAmily Dwelling District to "AB" Professional Office District, on Lots 62, 63 and 64,
Block 808, Port Aransas Cliffs, on which public hearing was held January 12, 1966,
and which application was denied.
Mayor Pro Tem Blackmon explained that the Zoning and Planning Commission
recommended that the application be denied but that in lieu thereof a Special Permit
for a dental office be approved subject to the detailed plot plan and building plan
as submitted, and further subject to all other regulations of the "AB" Professional
Office District; that the Council had voted four to two that the application be
denied; that in order for the matter to be resolved, either at this level or in the
courts, City Attorney Singer recommended that another vote be taken and the entire
recommendation acted upon.
Motion by Blackmon, seconded by Sizemore that the recommendation of the
Zoning and Planning Commission be concurred in, and that the change of zoning from
"R-2" Taro -family Dwelling District to "AB" Professional Office District, on Lots 62,
63 and 64, Block 808, Port Aransas Cliffs, be denied but that in lieu thereof a
Special Permit for a dental office be approved subject to the detailed plot plan
and building plan as submitted, and further subject to all other regulations of
the "AB" Professional Office District.
Commissioner Wallace stated that the property was located on the corner of
Alameda and Breezeway; that the change of zoning was opposed by the Staff, Incarnate
Word and other property owners in the block; that when the prior vote was taken, it
seemed that a majority of the Council thought this was spot zoning; and that he was
still of the same opinion and that it was still spot zoning.
Minutes
Regular Council Meeting
March 30, 1966
Page 3
Commissioner Sizemore asked what other application could be used; that the
house was a fairly decent building, and inquired about the zoning in that area.
Mayor Pro Tem Blackmon stated that the entire block was zoned "R-2"; that
business had already encroached into the area as there were several home occupations
in the block; that no one in the block protested the zoning change; that the opposition
was from behind and the Incarnate Word prope.LLy; and that the applicant could move on
the property and run his dental office as allow occupation. Mr. Blackmon further
stated that the dental office would be an improvement, and would increase the value
of the neighborhood instead of decreasing it.
Commissioner Wallace stated that if the change of zoning was granted, others
in the area should have similar treatment; and that the business area was actually
being extended by changing this zoning.
Mayor Furman called for a vote on the foregoing motion that the recommenda-
tion of the Zoning and Planning Commission be concurred in, and that the change of
zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District,
on Lots 62, 63 and 64, Block 808, Port Aransas Cliffs, be denied but that in lieu
thereof a Special Permit for a dental office be approved subject to the detailed plot
plan and building plan as submitted, and further subject to all other regulations of
the "AB" Professional Office District; and decl..red the motion had passed with
Blackmon, McDaniel and Sizemore voting "Aye", Jimenez and Wallace voting "Nay", and
Dunne abstaining.
Mayor Turman brought up the pending item of the application of A. J. Bennett
for the painting of house numbers on street curbs.
Mayor Pro Tem Blackmon explained that the applicant would use a reflectory
type of paint on the curbs; that the work would be done on written authorization;
that a similar application was granted last Wednesday; that the application was filed
during the Council meeting last Wednesday and was carried over as the applicant was
from out of town and further study was necessary.
Motion by Blackmon, seconded by Wallace and passed that A. J. Bennett be
granted a permit to paint house numbers on street curbs.
Minutes
Regular Council Meeting
March 30, 1966
Page 4
Mayor Furman called for the City Manager's Reports.
Motion by Blackmon, seconded by Dunne and passed that the City Manager's
Reports, Items "e" through "e" be accepted; and that the recommendations and requests
be approved and granted as follows:
a. That the bid award on Irrigation Equipment be made to the following
firms on the basis of low bid meeting specifications: (Bid Tabulation #66-13)
MOUNT VERNON PIPE & SUPPLY. INC. - Mount Vernon
20,000' 2" PVC Type 1 Grade 1 or 2 SDR 21
(PVC 1120 or 1220) Pipe 18.53 C' $ 3,706.00
MoM NN PIPE & SUPPLY CO., INC. - Corpus Christi
50 2" Solenoid Valves 28.77 1,1138.50
GRAND TOTAL $ 5,144.50
b. That the bid award on Heavy Equipment be made to the following firms
on the basis of low bid meeting specifications; (Bid Tabulation #66-14)
JESS MCNPRT, MACHINERY CORP. - Corpus Christi
Item1 3 - 11- Cu. Yd. 4 -Wheel Drive Tractor Shovel 30,452-52
Item 4 1 - Motor Grader 60 BP Diesel 5,647.00
Item #8 3 - Self -Propelled, Vibrating Patching Rollers 4,719.00
GIRARD MACHINERY & SUPPLY CO. - Corpus Christi
Item #2 1 - Carrier Mounted Hydraulic Excavator
Item #3 1 - Street Sweeper
INTERNATIONAL HARVESTER SALES & SERVICE - Corpus Christi
Item #5 2 - 50 HP Tractors
Item #6 1 - 40 HP Tractor
CONTRACTORS MACHINERY COMPANY - Corpus Christi
Item #7 1 - Asphalt Distributor 600 Gallon Tow Type
Item #10 1 - 12 HP Track Mounted Trencher
CLOSNER EQUIPMENT COMPANY - San Antonio
Item #11 1 - 12 Ton Equipment Trailer
24,155.00
12,082.00
5,301.48
2,410.70
2,670.00
2,220.44
40,818.52
36,237.00
7,712.18
4,890.44
2,244.00 2,244.00
GRAND TOTAL $91,902.14
c. That the bids received for the rehabilitation of the Confederacy
Memorial Fountain be rejected as the bids greatly exceeded the estimates;
Minutes
Regular Council Meeting
March 30, 1966
Page 5
d. That the recommendation of the Traffic Safety Advisory Board that
parking be restricted on the West side of Kostoryz Road from South Staples Street to
Lexington Boulevard between the hours of 4:00 p.m. and 6:00 p.m., and on the East
side of Kostoryz Road from South Staples Street to Lexington Boulevard between the
hours of 7;00 a.m. to 9:00 a.m., be approved;
e. That the date of .Time 25, 1966, be tentatively set for an election
relative to the acquisition of the Bus System.
Mayor Furman requested that a redesign of pleas for the rehabilitation of
the Confederacy Memorial Fountain be made at the earliest opportunity.
SECOND READING OF AN ORDINANCE REQUIRING TEE OBTAINING OF A PERMIT FOR THE DRIVING
OF PILES, POSTS AND SUPPORTS AND FOR THE BULGDING OF ANY PIER INTO '171E WATERS OF
CORPUS CHRISTI BAY WITHIN THE CITY LIMITS; REQUIRING MAINTENANCE OF SUCH PIERS; DE-
CLARING THE EXISTENCE OF ANY PILE, PILING, POST OR POLE IN TEL WATERS, UNLESS
AUTHORIZED BY PERMIT AND MAINTAINED INA USEABLE, SAFE CONDITION, TO BE A NUISANCE
AND A HAZARD TO NAVIGATION AND REQUIRING REMOVAL OF SUCH NUISANCES UPON NOTICE FROM
1EE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC :'+ORKS OF THE CITY OF CORPUS CPRISTI;
PROVIDING FOR PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel,
Sizemore and Wallace, present and voting "Aye."
SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING 'Alb CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN OIL AND GAS LEASE ON 18.876
ACRES OF LAND ON THIRTEEN (13) VARIOUS TRACTS OF LAND IN NUKES COUNTY, TEXAS, WITH
COASTAL STATES GAS PRODUCING COMPANY FOR A FIVE-YEAR PERIOD, BEGINNING JULY 1, 1966,
AND EXPIRING JUNE 30, 1971, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATIONS
SET OUT IN 9r941, LEASE FORM, TO BE PAID IN ADVANCE, ALL AS MORE FULLY SET OUT IN THE
LEASE AGREFd410T, A COPY OF WHICH IS ATTACHED 7IERLTO AND MADE A PART HEREOF.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel,
Sizemore and Wallace, present and voting "Aye."
ORDINANCE NO. 7961
THIRD READING OF AN ORDINANCE AMENDING SECTIONS 36-91 AND 36-92 07 THE CORPUS
0177ISTI CITY CODE, 1958; AS AMENDED, BY AMENDING ORDINANCE N0. 7458, SO AS TO
RT:;IRE FINANCIAL RESPONSIBILITY OF ANYONE RENTING OR LEASING MOTOR BIDS; ADOPTING
i17 SECTION TO BE NUMBERED 36-93, FORBIDDING THE RENTING OF SUCH VEHICLES TO ANY
PERSON WHO DOES NOT HOLD A DRIVER'S LICENSE ORM° IS UNABLE TO SAFELY DRIVE SUCH
VEHICLE, ALL AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR PUBLICATION; AND
PROVIDING A SAVINGS CLAUSE.
The foregoing ordinance was read for the third time and passed finally by
the following vote: Furman, Blackmon, Dunne, Jimenez, McD-niel, Sizemore and
Wallace, present and voting "Age."
Minutes
Regular Council Meeting
.March 30, 1966
Page 6
ORDINANCE NO. 7962
AMENDING SECTION 21-156 OF THE CORPUS CIRiISTI CITY CODE, 1958, AS AMENDED, BY MASSING
PROVISION FOR ITEMS 19 AND 20 SO AS TO FORBID THE STOPPING, STANDiE& OR PARKIN OF
VEHICLES ON THE WEST SIDE OF KOSTORYZ ROAD FROM SOUTH STAPLES STREET TO LEXINGTON
BOULEVARD BETWEEN IRE HOURS OF 4:00 P.M. AND 6:00 P.M., AND ON THE EAST SIDE OF
KOSTORYZ ROAD FROM SOUTH STAPLES STREET TO LEXINGTON BOULEVARD BETWEEN THE HOURS OF
7:00 A,M, TO 9:00 A.M.; 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."
ORDINANCE NO. 7963
AN ORDINANCE APPROPRIATING OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF
$105,894 FOR THE ACQUISITION OF 6 PAROwn OF PROPERTY FOR RIGHT OF WAY REQUIRED BY
THF' STATE OF TEXAS AND APPLICABLE TO PROJECT N0. 220-56-24.3 CROSSTOWN EXPRESSWAY,
HIGHWAY #286, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF,
AUTHORIZING AND DIRECTING THE CITY. MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS
FOR AND ON BEHALF OF TRE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS,
WHEN AND ONLY WHEN THA PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED
BY THE STATE, AND DECLARING AN EMERGENCY.
The Charter rule vas suspended and the foregoing ordinance was passed by
the following vote: Furman, Blackmon, Dunne, Jimenez, McD niel, Sizemore and
Wallace, present and voting "Aye."
Motion by Jimenez, seconded by Blackmon and passed that Ordinance "f" be
deleted at the present time.
ORDINANCE N0. 7964
AUTHORIZING AND DIRECTING 1E6 CITY MANAGER, FOR AND ON BEHALF OF 1'bl, CITY OF CORPUS
CHRISTI, TO EXECUTE AN AGREEMENT WITh INTERNATIONAL AERIAL MAPPING COMPANY, FOR
AERIAL MAPPING SERVICE AND SUCH OTHER SERVICES AS ARE MORE FULLY SET FORTH IN THE
AGREEMENT, 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 N0, 7965
&30 UTION APPROVING APPLICATION OF THE PROVISIONS OF SECTION 23 OF THE UNITED
STATES HOUSING ACT OF 1937, AS AMENDED, TO CORPUS CHRISTI, TEXAS.
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 30, 1966
Page 7
Mayor Furman called for Ordinance "f".
ORDINANCE AMENDING SECTION 24-55 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED,
SAID SECTION BEING ALSO ORDINANCE N0. 7201, PASSED AND APPROVED ON APRIL 22, 1964, AS
AMMI ENT TO SAID SECTION 24-55 AND AS AMELKEINT TO SECTION 7 OF SAID CORPUS CHRISTI
OIL AND GAS ORDINANCE, SO AS TO PROVIDE FOR SAID ORDINANCE 7201, AS SECTION 24-55 OF
Mb CORPUS CHRISTI CITY CODE, 1958, AS AMEEDED, TO APPLY ALSO TO OSO BAY AS WELL AS
CORPUS CHRISTI BAY AND NUECES BAY; AND FURTHER AMENDING SO AS TO REQUIRE A COPY OF
tam DRILLING. PERMIT FROM THE RAILROAD COMMISSION OF TEXAS AND THE PERMIT FROM THE
CORPS OF ENGINEERS, UNITED STATES ARMY, BE FURNISHED THE CITY WITH THE APPLICATION
FOR PERMIT FROM THE CITY; AND FURTHER AMENDING PARAGRAPH (10) OF SUPSECTION (8) SO
AS TO PERMIT A SPECIAL PERMIT TO BE ISSUED BY THE CITY COUNCIL UNDER CERTAIN CON-
DITIONS; PROVIDING FOR PENALTIES; PROVIDING THAT TEA INVALIDITY OF ANY PARTICULAR
PROVISION OF THIS ORDINANCE SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PRO-
VISIONS; PROVIDING FOR PUELICATION; AND DECLARING AN EMERGENCY.
Motion by Jimenez, seconded by Blackmon that Ordinance "f" be referred to
the Bay Drilling Committee and Attorney Hugh Patterson for their recommendation.
W. F. Fitzsimmons, Mayor of Ingleside, stated that the residents of the
Ingleside area were opposed to anything that would interfere with the fishing and
boating in that area; that they were not opposed to industrial development and did
not want to retard the growth of the area; and requested that the ordinance be read
three times before being passed, and read a communication from Dr. William Triplett,
Chairman of the Tngleside Area Chamber of Commerce.
W. G. Schmidt and Walter H. Brauer, representing the Ingleside Area Chamber
of Commerce, concurred with the foregoing remarks of Mayor Fitzsimmons.
Commissioner Wallace explained that the proposed amendment of the drilling
ordinance was designed to permit Council to consider allowing Atlantic Refining
Company to build processing facilities on the Spoil Island directly in front of the
Reynolds Metals Plant; that it would not be in the Bay but would be on the island;
and that he did not believe it would harm the boating and fishing in the area.
Commissioner Wallace further stated that he couldn't see any reason for not putting
the proposed amendment on three readings,
Mayor Furman commended the Bay Drilling Committee for the fine work they
h ;re done, and expressed the Council°a appreciation for the interest of the Ingleside
area representatives.
Commissioner McDaniel stated that he felt the Committee had very carefully
considered the interest of the residential area in Ingleside; that the use of this
type of facility could not be entirely forbidden; and that the Committee had recom-
mended the location of this structure. Commissioner McDaniel further stated that
Minutes
Regular Council Meeting
March 30, 1966
Page 8
he had no opposition to three readings but that he recommended haat the ordinance be
acted upon today.
Mrs. Janes C. Scott stated that it was her understanding that the proposed
ordinance was designed to accommodate this particular structure; that the wording in
the ordinance was ambiguous; and that the ordinance should be referred to Attorney
Patterson to make it less ambiguous.
Commissioner Mcnnnlel stated that the ordinance could be acted upon today
and still be referred to Attorney Patterson; and that it would be back before the
final reading.
Mayor Pro Tem Blackmon pointed out the time involved in revising the
drilling ordinance, and stated that he felt it would be approximately four weeks
before an ordinance would be ready that would completely replace the adopted
ordinance.
Commissioner McDaniel stated that this time element was for the complete
Bay Drilling Ordinance and not the proposed amended ordinance that was being discussed.
David Aston, Landsman for Atlantic Refining Company, pointed out that the
proposed amendment did not authorize Atlantic, or anyone else, to construct any par-
ticular facility; that the amendment only gave the Council discretionary powers to
authorize certain facilities; and that final decision would be made after the
ordinance had been passed. Mr. Aston requested Council to act on the ordinance
today and reserve f1na1 judgment on the proposed facility.
City Secretary T. Ray Kring read the action of the Council, relative to
the application of Atlantic Refining Company to erect this particular facility, from
the Minutes of the Regular Council Meeting of March 23, 1966.
Commissioner Wallace suggested that, in keeping with the vote of last week
that the request be approved in principle and an ordinance be brought forward, the
ordnance should be put on three readings which would allow two weeks for the
ordinance to be considered by the Bay Drilling Committee and Attorney Patterson.
Mayor Amman called for a vote on the foregoing motion of Commissioner
Jimenez that the ordinance be referred to the Bay Drilling Committee and Attorney
Hugh Patterson for their recommendation; and declared the motion had passed with
Furman, Blackmon, Dunne and Jimenez voting "Aye", and McDaniel, Sizemore and
Wallace voting "Nay."
Minutes
Regular Council Meeting
March 30, 1966
Page 9
Mayor Furman declared a brief recess, before the sebeduled public hearings.
Mayor Furman reconvened the meeting and announced the Council would now
hold the scheduled public hearings, and explained the procedure to be followed.
Mayor Furman announced the public hearing on Application #266-6, H. G.
Marston, for change of zoning from "B-1" Neighborhood Business District to "B-4"
General Business District on Lots 9, 10 and 11, Block 2, Avalon Place.
Laura Copeland, Zoning and Planning Administrative Assistant, located the
property on the map; pointed out the zoning and land use of the area; explained that
at the Commission hearing held February 15, 1966, Mr. Joseph Hans and Mr. Joe Craine,
representing the applicant, appeared in support of the application and no one
appeared in opposition; that eleven letters were sent out, and five returns were
received in favor and none in opposition; that one letter was received in favor
after the Commission hearing; and stated that the recommendation of the Zoning and
Planning Commission was that it be approved.
Members of the Council inquired about the difference between "B-1" and
B-4" zoning, and City Manager Whitney read the use regulations permitted under
the zoning of these two districts.
Joseph Hans, architect, stated that the request was filed by H. G. Marston;
that he was representing Joe Craine; that the change of zoning was necessary for
the warehousing of food; that there was a dedicated area for public use known as
"No man's land," and showed pictures of the general area. Mr. Hans further stated
that they propose to develop 'no man's land"; that the parking facilities would be
repaved and the area landscaped; and asked for a clarification on this piece of
property.
Laura Copeland read a letter from Richard M. Landsman, owner of the Town
and Country Shopping Center, urging the Commission to approve the request.
Joe Craine spoke in support of the application and stated that he could
not build unless the zoning was changed to "S-4"; that he was negotiating a con-
tract; that he would put approximately $100,000 worth of improvements on the property,
and urged approval of the request.
Mrs. James Co Scott inquired about the Staff's recommendation, and Miss
Copeland stated that the Staff recommendation was that it be denied on the basis
Minutes
Regular Council Meeting
March 30, 1966
Page 10
that the change from "B-1" Neighborhood Business District to 'B-4" General Busi-
ness District would permit uses that would adversely affect nearby residential
areas and the adjacent "B-1" district, and also, would set a pattern for additional
"B-4" zoning that would abut directly upon residential areas with no chance of
establishing a transitional zone.
Motion by Jimenez, seconded by Dunne and passed that the hearing be
closed.
Mayor Pro Tem Blackmon inquired about the necessity for a right turn at
that particular corner and what should be done with the dedicated land, and City
Manager Whitney advised that it was the feeling of the Traffic Engineer that a
place on the corner should be reserved for a right turn; that it was his feeling,
and most of the staff's feeling, that the excess property is of no feasible value
to the City and should be abandoned to the abutting property owners; and that it
was dedicated for public use but was not maintained by the City.
Mayor Pro Tem Blackmoon asked if there would be sufficient dedicated prop-
erty to construct a right -turn lane without interferring with the plans or delaying
the project, and City Manager Whitney advised there would be.
Motion by Jimenez, seconded by Blackmon and passed with McDaniel abstain-
ing, that the recommendation of the Zoning and Planning Commission be concurred
in, and that the change of zoning from "B-1" Neighborhood Business District to
"B-4" General Business District on Lots 9, 10 and 11, Block 2, Avalon Place, be
approved.
Mayor Furman announced the Council would now hold the public hearing
scheduled for 3:00 p.m., on assessments for the proposed street improvements on
Louisiana Boulevard, South Lane, from Denver to Santa Fe.
Assistant City Attorney Tom McDowell explained the purpose of the public
hearing and stated that the Staff would offer testimony from the City Engineer
a:3 evaluation testimony from the City Right -of -Way Agent to substantiate the
assessments which appear on the Preliminary Assessment Roll, and that the hearing
was to form a basis on which the Council, acting as a legislative body, would
determine or establish the assessments on the abutting properties.
Minutes
Regular Council Meeting
March 30, 1966
Page 11
James K. Lontos, City Engineer, presented the plans for the street improve-
ments and the Preliminary Assessment Roll; testified to the nature, extent and
specifications of the proposed improvements; the cost of construction; the amount of
cost to be borne by the City, and the amount to be assessed against the abutting prop-
erty owners; the manner in which such pro rata share was computed, and explained that
the property owners were being assessed at the rate of 50% of coat for removal and
replacement of curbs, gutters, sidewalks and driveways and that the property owners
were not being assessed for the paving.
Commissioner McDaniel inquired about the assessments for street improve-
ments in the Saxet Heights Addition, and Commissioner Sizemore explained the assess-
ments and stated that the assessments were similar.
W. A. (Bill) Roberts, Sr. testified to his background and experience which
he felt ali,fied him as a real estate appraiser for all types of properties in the
City; testified that he had personify viewed and understood the extent and speci-
fications of the proposed improvements; that he had personally viewed within the
past week the assessment roll 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.
Mayor Furman stated that he would na'li 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 or assessments to his
property. The following persons appeared:
Frank Tompkins, representing his parents, Mr. and Mrs. John L. Tompkins,
(Item #1), owners of Lots 1 and 2 and the E. 7, of Lot 3, Block 1, Bessar Park,
read a letter from the Tompkins protesting the proposed assessments on the basis
that the proposed work offers no benefit to their property; that the curb is in
good condition, and the sidewalk is in fair condition and that they would put the
sidewalk in good condition at their own expense; and that they have four large
oak trees in the front area that might be damaged by the lowering of the proposed
grade.
Minutes
Regular Council Meeting
March 30, 1966
Page 12
Mr. Tompkins stated that his parents would repair the sidewalks that
were in fair condition; that they were opposed to the assessments; and requested
that the curb and sidewalk in the front area be left in their present condition.
Mr. Tompkins further stated that he was informed that the streets were widened in
the Saxet Heights Area without any dire affects on the trees; that if the grade
were lowered it could damage the oak trees; and that he wanted to go on record
in favor of our oak trees." Mr. Tompkins further stated that the proposed im-
provements would not enhance the property.
In answer to questions from the Council, City Engineer Lontos advised
that the grade would be lowered approximately 6" or 7", and that the street would
be widened approximately 18" on each side, from Denver to Santa Fe; and that the
oak trees were on public right of way.
Attorney McDowell advised that in the specifications in the contract for
these improvements, there was one provision that advised the contractor that there
were trees and shrubs and to exercise extreme caution not to damage these trees
and shrubs.
Mrs. William H. Martin, representing her mother, Mrs. Helen Heard Pease,
(Item #4) W. 43' Lot 6, All Lot 7 and E. 42' Lot 8, Block 1, Bessar Park, spoke
in favor of the proposed improvements and stated that the water stood in the area;
that the sidewalks were not in a good condition; and that a wider driveway would
be desirable.
No one else appeared to be heard in connection with the proposed street
improvements.
Motion by Wallace, seconded by Dunne and passed that the hearing be
closed.
Motion by Wallace, seconded by Jimenez and passed that the Assessment
Roll be approved as presented.
Louis Perones, President of LULAC, presented a petition signed by resi-
dents of Main Drive in Hudson Acres, stating that there were no sewerage facilities
furnished in that area, and petitioning the Council to immediately institute such
steps as necessary to alleviate the unsanitary conditions that presently exist;
(Petition #66-6). Mr. Perones stated that LULAC would help in any way to correct
this problem.
Minutes
Regular Council Meeting
March 30, 1966
Page 13
Mayor Furman advised the petition would be received and a report would
be made on this matter at the earliest opportunity.
Farrell Smith, attorney representing Ennis Joslin and Roy Smith, co-
owners of property located between Everhart and Lexington, appeared before the
Council and requested a clarification or correction on the paving assessments for
South Staples Street assessed to his clients, on which public hearing was held
March 2, 1966.
Attorney McDowell advised that the hearing had been closed; that the
assessments had been levied more than fifteen days ago; and that it was now a
final assessment.
Motion by Blackmon, seconded by Dunne and passed that Attorney Smith be
permitted to speak on this matter.
Attorney Smith pointed out that his clients own property on both sides
of South Staples Street; that one side which is not zoned for business was assessed
the business rate; that the total assessments for the properties is approximately
$30,000, of which approximately $6,500 of assessments was because of property that
was zoned residentially and assessed as though the property were zoned for busi-
ness; and that a clarification or correction of the assessments should be made.
Attorney Smith quoted sections of the Law pertaining to the Statute of Limita-
tions ;:nd a foot -rule plan of assessment; and stated that Mr. Smith was present
at the public hearing and thought the Law had been followed and that no assess-
ment had been made against this property contrary to the uniform of the front -foot
rule.
Attorney Smith further stated that the law requires that property he
uniformly assessed with other properties; that properties zoned residentia?
assessed as residential properties; and that if the Council desired to leave this
assessment in effect, the record should reflect that the owners of this property
,aid an assessment for paving as though the property had been actually zoned for
business, so that if an application were made for change of zoning, the record
would show it had been prejudged. Attorney Smith also stated that if the Council
so desired, the assessments could be set aside and the hearing reopened; and that
a clarification or correction of the assessments should be made.
Minutes
Regular Council Meeting
March 30, 1966
Page 1
Commissioner McDaniel stated that he felt a legal opinion was necessary
and that the matter should be discussed at the next Workshop meeting.
Roy Smith, co-owner of the property, stated that he had never contested
the City before on any assessment; that he felt this assessment was unfair; that
the land was being used for farming purposes and had a very low income; and that
he wanted to "carry his part of the burden."
Mra. James C. Scott, representing OPUS, read a letter to the Council
relative to "waivers" granted to permit the rebuilding of billboards damaged during
Hurricane Carla and stating that the Rollins Sign Company had not complied with
the requirements of the Zoning ordinance pertaining to non -conforming uses, and
that the advertising structures which the company had in "B-4" at that time must
now be deemed in violation and therefore illegal, and requested that the Council
ask the Legal Department to take the necessary steps to enforce the law.
Mayor Furman advised Mrs. Scott that the matter would be referred to the
Legal Department for consideration and recommendation.
Robert Cutting, 2839 Topeka, inquired about the zoning change granted
to Dr. W. D. Whiteside today and stated that the entire block should be zoned "AB";
and Commissioner McDaniel advised that a public hearing was not held on the appli-
cation, and that it was a clarification of decision only. Commissioner Jimenez
stated that the ordinance had not been presented yet and might not pass; and
Attorney McDowell advised that four affirmative votes were necessary for the pas-
sage of the ordinance.
There being no further business to come before the Council, the meeting
was adjourned.
I, MCIVER FURMAN, Mayor of the City of Corpus Christi, Texas, certify
that the foregoing minutes, same being for the period of March 2, 1966, through
March 30, inclusive, and having been previously approved by Council action, are
by me hereby approved.
McIVER FURMAN, M.D., Mayor
City of Corpus Christi, Texas