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HomeMy WebLinkAboutMinutes City Council - 08/17/1966PRESENT: Mayor McIver Furman Commissioners: Patrick J. Dunne Ken McDaniel Ronnie Sizemore Wm. H. Wallace MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 17, 1966 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. I. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The invocation was given by Commissioner Ken McDaniel in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Dunne, seconded by Sizemore and passed that the absence of Mayor Pro Tem Blackmon and Commissioner Jimenez, be excused for cause. Motion by Sizemore, seconded by Dunne and passed that the minutes of the Regular Meeting of August 10, 1966, be approvedas furnished to the Council. Mayor Furman recognized and presented a Certificate of Commendation to Boy Scout Douglas Cook who was present in the audience for credit on his Boy Scout Merit Badge, and commended him for his interest in governmental affairs. Mayor Furman presented a Certification of Appreciation, signed by the Council and members of the Zoning and Planning Commission, to Director of Zoning and Planning William Anderson, in recognition of Mr. Anderson's twenty years of service and exceptional contribution to the growth and development to the City of Corpus Christi. Mr. Anderson accepted the Certificate with gratitude and stated that he had not regreted for one moment his decision to come to Corpus Christi, and that his stay here had been most rewarding. Mayor Furman announced the public hearing on the application of Coastal States Gas Producing Company to drill H. E. Butt Well #1, Drilling Block 476, loc- ated in Share 4C of Partition of McBride lands, being a portion of Section 6, Range VIII of H. L. Kinney Sectionized land, Saxet Field, and explained the procedure to be followed. City Manager Whitney presented the application and pointed out on a plat the location of the proposed well as being approximately 750 feet East of Campbell Road between Highway 44 and Highway 9; that the proposed depth of the Minutes Regular Council Meeting August 17, 1966 Page 2 well is 12,500 feet; that there are no houses, public roads or buildings with the exception of the Mosher Steel Company on Campbell Lane, located within 400 feet of the proposed site; that the applicant has submitted with the application the required Certificate of Insurance and $300 filing fee; that application has been made for the Railroad Commission Permit, and that the applicant is requesting variance to use of sartheh mud pits; variance fm m Section 24-19 of the City Code for casing program; Variance from Section 24-30 to the effect that he not be required to enclose his well and surface facilities or to construct fire walls; variance from Section 24-39 in accordance with general practice and customs in the field of the proposed well site; variance from Section 24-7 of the required 330 feet fn m the exterior boundary line of the drilling block; and variance to drill below the required 10,000 feet. Mr. John Brooke, representing the applicant, spoke in behalf of the application and stated that a waiver from the Mosher Steel Company for that loc ation is included with the application, and that a safety engineer employed by Coastal States Gas Producing Company would answer questions as to the safety of the public from blowouts in connection with the proposed casing program. City Manager Whitney stated that he recommended approval of the appli- cation as submitted, with the variances requested, the furnishing of Railroad permit and compliance with all regulations of the City Code. Motion by Sizemore, seconded by Dunne and passed that the hearing be closed. Motion by Sizemore, seconded by Dunne and passed that the application of Coastal States Gas Producing Company to drill H. E. Butt Well #1, Drilling Block 476, located in Share 4C of Partition of McBride lands, being a portion of Section 6, Range VIII of H. L. Kinney Sectionized land, Saxet Field, be approved with variances as applied for and subject to receipt of the Railroad Commission Permit and compliance with regulations provided by the City Code. Mr. Ed Harte, Chairman of the Bay Drilling Committee appeared at the meeting and gave a progress report of the Committee's eleven months since their appointment, and stated that the language of the proposed Drilling Ordinance is in its final stages, and that it is expected to be completed and ready for sub- mission at next week's meeting. Minutes Regular Council Meeting August li, 1966 Page 3 Mayor Furman called for the City Manager's Reports. Motion by Dunne, seconded by McDaniel and passed that the City Manager's Reports, Items "a" through "k" with Item "j" being cosidered separately; and the recommendations and requests be approved and granted as follows: a. That the Plans and Specifications for the H. E. Butt Tennis Center, Court Repairs, be approved, and that authority to advertise for bids to be received September 7, 1966, be granted; b. That the acceptance and final payment of Estimate No. 4 in the amount of $28,671.75, to Fowco Construction Company„ for construction of the Baldwin Storm Sewer Laterals, be approved; c. That authority to execute a contractural agreement with the Texas Highway Department and Humble Pipe Line Company for the relocation of a 4 -inch pipe line within State Highway 286 relocated in connection with the construction of the Crosstown Expressway Project, and providing for the payment to Humble Pipe Line Company the sum of $5,163.79, and reimbursement to the City by the State Highway Department of 50% of this amount, be granted, and that an appropriation in the amount of $5,163.79, be approved; d. That the bid award on Pest Control Service consisting of complete insect and rodent control service of thirty City -owned building at various locations in the City, be made to Sample Pest Control of Corpus Christi in the amount of $1,295.00, on the basis of low bid meeting specifications; (Bid Tabulation #66-31); e. That the bid award for the Demolition of the Hirsch School Buildings be made to 0. M. Green of Mathis in the amount of $6,250.00 on low bid meeting specifications, and alternate specification with bidder using disposal sites pro- vided by the City for all brick and concrete debris only and the bidder having agreed to complete the project in 60 calendar days; (Bid Tabulation #66-32); f. That authority to recieve bids on August 31, 1966, on Bronze Gate Valves, be granted; g. That authority to receive bids on August 31, 1966, on 16 items of Weld Fittings and Flanges, be granted; h. That authority to receive bids on August 31, 1966, on replacement of a 3 -Wheel Motor Vehicle, be granted; Mi lutes Regular Council Meeting August 17, 1966 Page 4 i. That the Tax Error and Correction List for May.l,through July 31, 1966, as prepared by the Tax Assessor, be approved. j. (Considered Separately) k, That an appropriation in the amount of $800.00 in connection with condemnation proceedings of Parcel No. 44, Crosstown Expressway Project, to cover the difference between the $25,500 Judgement entered, and the Commissioners award of $24,325, an increase of $1,175, minus $375 available under a previous appropriation for this parcel, be authorized. ORDINANCE NO. 8137 AMENDING THE MAP OF THE CITY DESIGNATED AS "CORPUS CHRISTI DRILLING BLOCKS, MAY 31, 1956,.BY ADDING THERETO DRILLING BLOCK 1003 AS HEREINAFTEd MORE FULLY DES- CRIBED; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. Mayor Furman announced the Council would consider Item "j" of the City Manager's Reports on the application of Neil E. Hanson to drill a well in Block 711 (now designated as Drilling Block 103 by Ordinance No. 8137) J. C. Russell Farm Blocks. City Manager Whitney presented the application and described the loc- ation as being in the newly annexed area, 467 feet north of Kosar Road, 330 feet West of the West Right of way line of Padre Island Drive in what is now Drilling Bldck 1003 established by Ordinance No. 8137; that there are no build- ings or roads within 330 feet of the proposed site; that applicant proposes to drill to a depth of 12,000 feet; that the required Certificate of Insurance and the Railroad Commission Permit are attached to the application; that the proposed well site is within the Airport Hazard Zone but that Form 117 from the Federal Aviation Agency has been filed; that the applicant requests variance to drill below the 10,000 depth, the use of earthen mud pits, variance from casing require- ments of the City Code, and variance from fencing find construction of fire walls. Mr. Whitney stated that he recommended approval of the application as submitted with variances as requested and stated in the application. Motion by Sizemore, seconded by Wallace and passed that the application of Neil E. Hanson to drill a well in Block 1003, J. C. Russell Farm Blocks, be Minutes Regular Council Meeting August 17, 1966 Page 5 granted with variances as requested and as set out in the application. ORDINANCE NO. 8138 RECEIVING AND ACCEPTING CONSTRUCTION OF THE BALDWIN STORM SEWER LATERALS, PROJECT NO. 295-64-40, AS PERFORMED BY THE CONTRACTOR, FOWCO CONSTRUCTION COMPANY, UNDER THEIR CONTRACT DATED MARCH 16, 1966, AUTHORIZED BY ORDINANCE NO. 7943; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4 DATED AUGUST 11, 1966, IN THE AMOUNT OF $28,671.75, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 295 STORM SEWER BOND FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. ORDINANCE NO. 8139 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 WILLIAM AND HELEN MYERS, BY GRANTING A SPECIAL COUNCIL PERMIT ON A 2 -ACRE PORTION OUT OF THE UNRECORDED FREDERICK TRACT, WHICH FRONTS APPROXIMATELY 153 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF UP RIVER ROAD BEGINNING APPROXIMATELY 229 FEET EAST OF THE SOUTHEAST CORNER OF THE INTERSECTION OF UP RIVER ROAD AND OLD ROBSTOWN ROAD, EXTENDING APPROXIMATELY 579 FEET IN A SOUTHERLY DIRECTION FROM UP RIVER ROAD FOR THE DEPTH, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A TRAILER PARK, SUBJECT TO THE CONDITIONS HEREINAFTER SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Chrter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. ORDINANCE NO. 8140 APPROPRIATING AND REAPPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $61,945 FOR THE ACQUISITION OF PARCEL NO. 435 FOR THE RIGHT OF WAY REQUIRED FOR THE STATE OF TEXAS AND APPLICABLE TO PROJECT NO. 220-56-24.3-431-440, CROSSTOWN EXPRESSWAY, HIGHWAY 286,; SAID AAPPROPRIATsON INCLUDING THE SUM OF $25,000 FOR SAID PURPOSE HERETOFORE APPROPRIATED BY ORDINANCE 7963 PASSES AND APPROVED MARCH 30, 1966, THIS ORDINANCE REPEALS ORDINANCE 7963 INSOFAR AS IT PERTAINS TO SAID PARCEL 435; SAID SUM SHALL BE APPLICABLE AS FOLLOWS: $61,800 FOR THE APPROVED PURCHASE PRICE AND $145 FOR EXPENSES OF EMINENT DOMAIN PROCEEDINGS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR ACQUISITION OF SAID PARCEL, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THE STATE; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinace was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye,", Blackmon and Jimenez, absent. ORDINANCE NO. 8141 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $5,000.00 FOR INCIDENTAL EXPENSES IN ACQUIRING THE PRCPERTY FOR THE CROSSTOWN EXPRESSWAY PROJECT, INCLUDING COMMISSIONERS, RECORDING AND APPRAISERS FEES, AND COURT COSTS AND TITLE EXPENSES TO BE PAID ON RECOMMENDATION OF THE CITY ATTORNEY AND THE APPROVAL OF THE Minutes Regular Council Meeting August 17, 1966 rage 6 CITY MANAGER; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. ORDINANCE NO. 8142 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACTURAL AGREEMENT WITH THE TEXAS HIGHWAY DEP- ARTMENT AND HUMBLE PIPE LINE COMPANY, PROVIDING FOR THE PAYMENT TO HUMBLE PIPE LINE COMPANY OF THE SUM OF $5,163.79 AND FURTHER PROVIDING FOR THE REIMBURSEMENT TO THE CITY OF CORPUS CHRISTI BY THE STATE HIGHWAY DEPARTMENT OF 50% OF SAID AMOUNT, ALL IN CONNECTION WITH THE RELOCATION OF A 4" PIPE LINE WITHIN STATE HIGHWAY 286 RELOCATED IN CONNECTION WITH THE CONSTRUCTiuN OF THE CROSSTOWN EXPRESSWAY PROJECT, HIGHWAY 286 RELOCATED, ALL AS MORE FULLY DESCRIBED IN THE AGi.EEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $5,163.79 OUT OF NO. 220 STREET BOND FUND, PROJECT NO. 220-56-75, FOR PAYMENT TO HUMBLE PIPE LINE COMPANY AS AFORESAID; AND DECLARING AN EP:ERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. ORDINANCE NO. 8143 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH JACK RICE TURNER FOR PROFESSIONAL SERVICES AS REQUIRED IN THE PROGRAMMING AND DESIGN OF THE CLUBHOUSE AT OSO MUNICIPAL GOLF COURSE; A COPY OF WHICH AGREEMENT 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, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. Minutes Regular Council Meeting August 17, 1966 Page 7 FIRST READING OF AN ORDINANCE, AN O&DINANCE GRANTING TO SOUTHWESTERN OIL AND REFINING COMPANY AN EXTENSION FOR A PERIOD OF FIVE (5) YEARS OF THE EXISTING FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPE LINE 2-7/8" IN DIAMETER FOR THE TRANSPORTATION OF NATURAL GAS WITHIN AND UPON NUECES BAY BOULEVARD, WEST BROADWAY STREET, FLORAL STREET, PALM DRIVE, VAN LOAN AVENUE, STILLMAN AVENUE, PEABODY AVENUE, KENNEDY AVENUE, HATCH STREET, SUMMERS STREET AND LEXINGTON AVENUE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, SUCH FRANCHISE BEING GRANTED BY ORDINANCE NO. 6264, AS READ AND FINALLY PASSED ON AUGUST 30, 1961, AS SHOWN BY THE ORDINANCE RECORDS OF THE CITY OF CORPUS CHRISTI, TO WHICH REFERENCE IS HERE MADE FOR ALL PURPOSES, MAKING SUCH FRANCHISE AS EXTENDED BINDING ON THE GRANTEE, AND BINDING UPON THE SUCCESSORS AND ASSIGNS OF SOUTHWESTERN OIL AND REFINING COMPANY; PROVIDING FOR ACCEPTANCE BY SOUTHWESTERN OIL AND REFINING COMPANY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. ORDINANCE N0. 8144 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $800 FOR ADDITIONAL COST OF ACQUISITION OF PARCEL NO. 144, CROSSTOWN EXPRESSWAY PROJECT 220-56-24,141-150; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. Mayor Furman 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 #766-4, Frank Minutes Regular Council Meeting August 17, 1966 Page 8 Peerman for change of zoning from "R -1A" and "R -1B" One -family Dwelling Districts to "A-1" Apartment House on a 10.82 acre tract out of Lot 22, Section 17 and Lot 6, Section 29 of Flour Bluff and Encinal Farm and Garden Tracts, fronting approximately 737.25 feet on the Northeast right of way line of McArdle Road, beginning at a point approximately 1655 feet Southeast of the Northeast corner of the intersection of Nile Drive and McArdle Road and extending in a Northeasterly direction approx- imately 530 feet for the most depth. Calvin Taylor, Zoning Coordinator, located the property on the map; pointed out the land use of the surrounding area, and stated that the applicant proposes to acquire the proper zoning for a townhouse project; that at the Commission hearing held on July 19, 1966, the applicant had appeared in favor of his request and stated that the plans for the apartments are that they be con- structed of masonry, and that each unit will range from 19 to 25 hundred square feet in size. Mr. Taylor stated that no one had appeared at the Commission hearing in opposition; that the Staff had mailed out eight letters and that none were received in favor or in opposition; that it is the rem mmendation of the Zoning and Planning Commission that the application be denied but that, in lieu thereof, a Special Permit be granted for a townhouse development subject to the site plan as submitted. No one appeared in connection with the foregoing application. Motion by McDaniel, seconded by Wallace and passed that the hearing be closed. Motion by Wallace, seconded by Dunne and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Zoning Application #766-4, Frank Peerman for change of zoning from "R -IA" and "R-18" One -family Dwelling Districts to "A-1" Apartment House District on a 10.82 -acre tract out of Lot 22, Section 17 and Lot 6, Section 29 of Flour Bluff and Encinal Farm and Garden Tracts, fronting approximately 737.25 feet on the Northeast right of way line of McArdle Road, beginning at a point approximately 1655 feet Southwest of the Northeast corner of the intersection of Nile Drive and McArdle Road and extend- ing in a Northeasterly direction approximately 530 feet for the most depth, be denied, but in lieu thereof, a Special Permit be granted for a townhouse develop- ment subject to the site plan and on file in the Zoning and Planning office and Minutes Regular Council Meeting August 17, 1966 Page 9 the conditions as follows; 1. The tract (10.82 acres) shall be developed according to a single, comprehensive, schematic site plan providing for the development of the entire tract as a single project and substantially con- sistent with the site plan attached, and as approved by the Zoning and Planning Staff. 2. Up to, but not more than 91 single family dwelling units shall be constructed on the tract in accordance with a "Townhouse Type" plan, i.e., two or more single dwelling units may be constructed in such manner as to be physically contiguous through use of a common, or "party" wall between such units. 3. Each single family dwelling space shall have not less than 1500 nor more than 2500 square feet of floor space. 4. No single family dwelling unit shall be constructed above another. 5. Not less than two on site parking spaces, including shelters or garages, shai1 be provided for each single family dwelling unit. 6. Vehicular entrances to such tract from McArdle Road shall be as shown on the site plan. 7. The schematic site plan shall be followed as to building locations, except that individual dwelling units may be varied a maximum of 10' from a base line extending through the center of each build- ing. This variance does not apply to the 2 dwelling units located on the Northeast and Northwest curves in Calais Circle, which may extend no closer to the street than shown on the site plan. Mayor Furman announced the public hearing on Application #766-6, Abe Block, for change of zoning from "I-3" Heavy Industrial District to "I-2" Light Industrial District on lots 9 and 10, Block 5, Los Angeles Hills. Calvin Taylor presented the application and located the property on the map; pointed out the zoning and land use of the surrounding area; stated that at the Commission hearing held on July 19, 1966, no one had appeared in connection with the application, but that Mr. Block's application stated that he wishes to remove the three houses now existing and build one new house on the two lots; that since the dwellings are not permitted in "I-3", the owner wishes a more restricted zoning in order to make the use conforming which will permit the building of a new house. Mr. Taylor stated that 13 letters were mailed and that none were received in favor or against this request, and that it is the recommendation of the Zoning and Planning Commission that the application be denied on the basis that approval would constitute spot zoning; that the area is primarily heavy industrial, and the intent of the Ordinance is to prevent single-family uses in an area which could present a danger to residents. Minutes Regular Council Meeting August 17, 1966 Page 10 No one appeared in connettion with the foregoing application. Commissioner Sizemore pointed out that the houses which the applicant proposes to replace are now in a deteriorated condition and that he would be doing, in effect, what urban renewal proposed to do; that there are some other nice houses in the area, and that to deny the request would "close the door" to other residences now existing in the neighborhood. In answer to a question raised by Commissioner Wallace, City Manager Whitney stated that in his opinion if this application is denied the existing substandard houses in the neighborhood are going to remain there; that they would have been subject to urban renewal and that denial would deprive an owner from rehabilitating property that needs to be rehabilitated. Motion by Wallace, seconded by McDaniel and passed with Sizemore voting "Nay" that the hearing be closed. Commissioner Wallace stated in behalf of his motion to close the hearing that this is definitely not one of our better areas for residences; that there is a traffic problem where teenagers are concerned; that in his opinion the area should ultimately be converted to industrial use; that the City has passed an ordinance to begin removing hooses that are substandard; and that the property will have a much greater value as industrial use. Motion by Wallace, that the recommendation of the Zoning and Planning Commission be concurred in and that the application be denied on the basis that approval would constitute spot zoning. The motion died for lack of a second. Motion by Sizemore, seconded by McDaniel and passed that Application #766-6, Abe Block, for change of zoning from "I-3" Heavy Industrial District to "I-2" Light Industrial District on Lots 9 and 10, Block 5, Los Angeles Hills, be tabled for further consideration. Mayor Furman announced the public hearing on Application #766-7, L. M. Dalrymple, for change of zoning from "R-2" Two Family Dwelling District to "B-1" Neighborhood Business District on Lots 4 and 5, Block 8, Bayview Addition #2. Calvin Taylor presented the application, and located the property on the map; pointed out the zoning and land use of the area; explained that at the Comm- ission hearing held on July 19, 1966, the applicant and owner of the subject prop- erty had appeared in favor of his application; that the Staff had mailed out 22 letters and that nine returns were received in favor and two in opposition; and Minutes Regular CDuncil Meeting August 17, 1966 Page 11 stated that the recommendation of the Zoning and Planning Commission was that it be denied on the basis that approval would constitute spot zoning, but in lieu thereof, a Special Permit be granted for the construction of a grocery store subject to the regulations of "B-1" Neighborhood Business District. Mr. Dalrymple appeared and spoke in support of his application, stating that he wishes to construct a small neighborhood drive-in gorcery on the subject lots; that he had made a canvass of the neighborhood and that the residents had indicated they were all very much in favor of his proposal and that he had pre- sented two petitions to the Zoning and Planning Commission attesting to this fact. Mr. D. M. Massie, an apartment house owner in the area, spoke in opposition to the request, stating that he is in favor of such a business but objects to the sale of alcholic beverages, which the applicant stated that he intends to do; that he feels that his tenants would also object to the sale of alcholic beverages. In answer to questions from Commissioners Wallace and Dunne regarding the sale of beer, Mr. Dalrymple stated that he would comply with and be subject to "B-1" Neighborhood District Zoning. Motion by Sizemore, seconded by Dunne and passed that the hearing be closed. Motion by Dunne, seconded by Wallace, with Sizemore, McDaniel and Furman voting "Nay", Wallace and Dunne voting "Aye", that the recommendation of the Zoning and Planning Commission be concurred in to deny the application on the basis that approval would constitite spot zoning, but in lieu thereof, a Special Permit be granted for the construction of a grocery store subject to the regulations of "B-1" Neighborhood Business District. Mayor Furman declared the motion had failed to pass and that action on the foregoing application would be tabled for further consideration at next Monday night workshop. Mayor Furman reconvened the meeting, and announced the Council would now hold the public hearing scheduled for 3:00 p.m. on Assessments for the proposed street improvements for Navigation Boulevard from Highway 9 (Leopard Street) to UpRiver Road; explained the procedure to be followed, and explained that each member Minutes Regular Council Meeting August 17, 1966 Page 12 of the Council had been presented with a Preliminary Assessment Roll; and that Assistant City Attorney Tom McDowell, 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 asses- ments 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 assessmerls on the abutting properties. Mr. James K. Lontos, City Engineer, presented the plans for the street improvements and the Preliminary Assessment Roll; testified to the nature, extent and specifications of the proposed improvements; that this project, numbered 220-64-63, calls for the excavation to a width of 60 feet and to a depth and grade to permit the construction of a pavement consisting of 9" Lime stablized base, 6" compacted caliche, prime coat M.C. 70, 2V Type "A", and 17" Type "d" hot -mix asphal- tic concrete to a width of 44 feet and 2 - 8' paved shoulders with 2 course asphaltic surface treatment, making a total paved roadway width of 60 feet; that all existing driveways shall be replaced according to width as shown on plans in the office of Public Works Department; and to be of asphalt construction that any additional widths shall be by separate agreements between property owners and con- tractor at contract bid price per linear foot; that the assessment rate to abutting property owners for improvements will be: property zoned and used other than R-1 or R-2, pavement only @ $8.76 per linear foot; property used and owned by Church and Gulf Coast Humane Society, pavement only @ $5.88 per linear foot; and 'hat the total contract price is $122,750.35, with property owner assessments $63,973.31, and the City's portion amounting to $58,777.04. Mr. Harold Carr, real estate broker, testified as 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 and understood the extent and specifications of the proposed improvements; that he had personally viewed within the past week the preliminary 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 assessment. Minutes Regular Council Meeting August 17, 196b Page 13 Mayor Furman 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 or assessments to his property. The following persons appeared: Mr. J. R. Heldenfels (Item #2 and #3) appeared and stated that he had noted a discrepancy in assessments for these two tracts, but that this had been corrected and that he had no objection, and that he approves of the method of construction as set out in the plans. Mary Z. Nicholson (Item #9) stated she was opposed on the basis that she did not understand why homeowners should pay for industrial traffic which they do not want; that they have low cost homes and that the assessments are too high; that she uses some of her property as rental property and that the in- creased noise from traffic will make rental of property more difficult and undesirable. City Manager Whitney explained that the properties in this area were all zoned as light industry when the over-all zoning map was adopted. Mr. Arthur Westrup (Item #15) stated that he approves of the street improvements as proposed. Mr. F. D. Blanton (Item #23) stated that he owns three rental units which he is renting for the same rent as he did in 1951 when they were constructed; that taxes have increased from $70.00 to $263.00, that he is being assessed $1314 for 150 linear feet and that he thinks the cost is excessive, but that his object- ions are not too strong. Mr. Blanton questioned Mr. Lontos in regard to drainage and curbs and gutters. Mr. Lontos stated that roadside ditches and inlets are being provided for drainage; that storm sewers are provided, that the design of the improvements is to ultimately add curbs and gutters at no extra cost. Mr. R. Davis, (Item #22) stated that he objects to being assessed $985.50 for 150 foot side lot. Mrs. C. E. Marsh (Item #24) stated that she had lived at this location since 1952; that she is a widow and is supporting herself and does not have the $876.00 plus interest to pay for these improvements which she does not want; that her property was zoned for residences when she bought it and that she did not know Minutes Regualr Council Meeting August 17, 1966 Page 14 when it was rezoned for light industry. Mr, H. C. Alvarez (Item #26) stated that the assessment is too high for this particular piece of property inasmuch as it is unimproved and located across the street from the Gulf Coast humane Society property which in his opinion devaluates the property. Mrs. Gerloff (Item #30) stated that she had owned her home and had lived in it since 1948 and that it was outside of the city limits when she pur- chased it; that their reason for buying was to get outside the city limits and to get away from conjection and traffic; that they now have three children and that it is dangerous for them to go to school, and that the proposed improvements would only increase the dangers; that the assessment is too high and they are not financially able to pay $657.00 assessment. Mr. and Mrs. R. E. Fulton (Item #31) stated that they were definitely opposed to having the street improved; that they have lived there since 1950 and are living on social security and cannot see how they are going to pay for the assessment. Mr Fulton further stated that the City of Corpus Christi is one of the few cities which does not have a specified truck route; that his property will not sell for what it should because of the increased noise, and that they should not have to pay for something that they do not want. Mr. B. V. Dupree (Item #32) stated that he was opposed to the proposed street improvements for many reasons; that he is a combat veteran, having served in the Pacific in World War II, and that he had built a good home in what he thought was a quite peaceful neighborhood, hoping to enjoy some of the peace and quiet of country living; that the property was taken into the City Limits about 12 years ago and that he had paid City taxes ever since; that the only thing the City had ever given him was one fire plug; that he and his neighbors had paid for their own sewer lines; that he is not in favor of paying for a public highway which he does' not want, and that he would sell his home today and move from Corpus Christi. Commissioner Wallace asked that Mr. Carr state his opinion as to the values of property in this area. Mr. Carr stated that since 1954 there have been residences on the street in question, but that in recent years Navigation Boulevard has been progressively changing from residential to industry, and that the enhanced Minutes Regular Council Meeting August 17, 1966 Page 15 value will come out when industry absorbs the properties. Mr. Carr cited specific pieces of property which has sold for gains in the past few years. No one else appeared to be heard in connection with the propssed street Improvements. Mayor Furman announced that the Council would recess for a brief period before closing the hearing. Mayor Furman reconvened the meeting and stated that the hearing could be closed at this time. Motion by McDaniel, seconded by Dunne and passed that the hearing be closed, and that each of the properties would be given further consideration. ORDINANCE NO. 8145 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS F0& CONSTRUCTION OF THE NAVIGATION BOULEVARD IMPROVEMENTS, PROJECT NO. 226-64-63; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $1:35,000, OF WHICH AMOUNT $122,750.35 IS FOR THE CONSTRUCTION CONTRACT AND $12,249.65 IS FOR CONTINGENCIES, INCLUDING ENGINEERING LABORATORY TESTING, LEGAL ADVERTISING COSTS AND EXPERT WITNESS FEE; AND DECLARING' AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, McDaniel, Sizemore, and Wallace, present and voting "Aye," Blackmon and Jimenez, absent. There being no further business to come before the Council, the meeting was adjourned.