Loading...
HomeMy WebLinkAboutMinutes City Council - 04/12/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 12, 1967 2:00 p. m. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioner$: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel Church. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Reverend Andrew Simcak, Jr., Pastor of St. John Lutheran City Secretary T. Ray Kring called the roll of those in attendance. Motion by Jimenez, seconded by Bradley and passed that Commissioner Grant be excused for cause. The Minutes of the Regular Meeting of March 5, 1967, were approved as submitted to the Council. Mayor Blackmon read and presented the following proclamations: LIBRARY WEEK in Corpus Christi, the week of April 16 through April 22, 1967, calling upon citizens to visit their libraries, to read extensively, and to inform themselves on library development; LOLA FORRESTER FLOWER SHOW DAYS in Corpus Christi, April 15 through April 16, 1967, in honor of Lola Forrester, founder of the flower shows, received by Mrs. Tom Burke, President of Corpus Christi Council of Garden Clubs and Mrs. J. H. Burney; CONSUMER CREDIT WEEK in Corpus Christi, April 16 through April 22, 1967, in observance of free American enterprise to promote the responsible use of Consumer Credit; received by Mrs. Whitsett, Gordon Lewis and Allan Wallace. Mayor Blackmon announced the pending item of Zoning Application #167-4, American House Moving Company for change of zoning from "R -1B" One -family Dwelling District to "1-3" Heavy Industrial District on Lot 2A, Fallins Riverside Subdivision, on which a public hearing was held February 2, 1967, and called for a motion for the disposition of this matter. Motion by McDaniel, seconded by Lozano and passed that Application #167-4, American House Moving Company for change of zoning from "R -1B" One -family Dwelling District to "1-3" Heavy Industrial District on Lot 2A, Fallins Riverside Subdivision, be denied, but in lieu thereof, subject to the filing of a plat, the area facing 404 feet on Up River Road and extending Southward Minutes Regular Council Meeting April 12, 1967 Page 2 for a depth of 225 feet, be rezoned to A-1 Apartment House District, and that the balance of the tract be rezoned "R-2" Two-family Dwelling District, and that an ordinance be brought forward effectuating the change. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by McDaniel and passed that the City Manager's Reports, Items "a" through "1", with Jimenez voting "Nay" on Item "i", be accepted, and that the recom- mendations and requests be approved and granted as follows: a. That authority to advertise for bids to be received April 26, 1967, for City Depository for the ensuing two years, be granted; b. That the plans and specifications for the construction of the Airport Inspection Station (Customs Building), be approved; and that the request for authority to advertise for bids to be received May 10, 1967, be granted; c. That authority to advertise for bids to be received April 26, 1967, on various items of Irrigation Equipment for Warehouse Inventory, be granted; d. That an appropriation in the amount of $5,915.67 out of various Bond funds for expenses in connection with the sale of $2,700,000 General Improvement Bonds, Series 1966-A, be approved; e. That an appropriation in the amount of $2,770 to cover cost of Soil Borings, Tests, and Classifications in connection with the Ocean Drive Improvements, be approved; f. That the 5 -foot easement, out of Lot 2 of the replat of Navigation Heights, and its west line beginning on the North line of said Lot 2 at a point 60.04 feet south 84° 28' 5" east from the northwest corner of said Lot 2 and extending the 5° width to the eastward running parallel to the west line of said Lot 2 to a point on the southern line of said Lot 2, 62.20 feet from the southwest corner of said Lot 2; and the 5 -foot easement out of the Braselton Tract, be abandoned; g. That ¶ e date of Monday, April 24, 1967, at 7:30 p.m., be set for public hearing on the proposed establishment of setback line on the East side of Ocean Drive; h. That the sum of $77,252.50 be appropriated for acquisition of Parcels No. 5, 10, 7, 8 and 9, in connection with the Carroll Lane and Richter Drainage Ditch project, and that the City Manager be authorized to execute real estate sales contract; Minutes Regular Council Meeting April 12, 1967 P -age 3 i. That the application of Cummins & Walker Oil Company to drill their R. Morgan Properties Well #1, located near the Municipal Airport, as presented, and subject to conditions and variances as recommended by Petroleum Superintendent Harry Franklin, as hereinafter set out, be approved: 1. That a variance to the erection of a temporary structure be granted by the Board of Adjustment of the Joint Airport Zoning Board. 2. That Cummins & Walker be cautioned that the well at the proposed total depth will be near or at zones of abnormally high pressure, and therefore, they should employ caution in penetrating this area. 3. If the well is dry and abandoned, that Cummins & Walker will place a cement plug at the base of the surface casing so that the cement will reach up into the surface casing at Ieast 50', after which they will wait on the cement for at least six hours, after which they will feel for the top of the plug so as to determine with certainty that the top of said plug is a minimum of 50' upward from the shoe of the casing. Also, that a 100' cement plug will be placed in the surface casing at the surface followed by cutting off of the casing and welding a plate on top of the casing at a depth of 5' below the surface. 4. That Cummins & Walker make some satisfactory arrangement with the tenant farmer. 5. There is no objection to earthen pits at this location, but if Cummins and Walker employ an earthen pit, the waste material be removed from the pit prior to back filling. 6. Bond in favor of the City of Corpus Christi be waived since more than adequate insurance is carried by Cummins & Walker. Mayor Blackmon announced the appointment of Mr. Donald Greene 9f the Park and Recreation Board as temporary Chairman of the recently established Municipal Arts Commission. ORDINANCE NO. 8415 THIRD READING OF AN ORDINANCE AUTHORIZING AND DI$tECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN OIL AND GAS LEASE ON 100.32 ACRES OF LAND OUT OF TRACTS 13 AND 14 of THE WILLIAM J. ROBERTSON TRACT, NUECES COUNTY, TEXAS, AND AN ADJOINING TRACT DESCRIBED AS FARM LOT NO. 1 IN SECTION 15, IN THE BOHEMIAN COLONY LANDS, A SUBDIVISION IN NUECES COUNTY, TEXAS, AS SHOWN IN THE MAP RECORDS IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, SAID LEASE TO BE WITH JERRY B. LEE, FOR A 3 -YEAR PERIOD, BEGINNING APRIL 5, 1967, AND ENDING APRIL 4, 1970, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, TO BE PAID IN ADVANCE, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A. COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel, and Jimenez present and voting "Aye". Grant absent. Minutes Regular Council Meeting April 12, 1967 Page 4 ORDINANCE NO. 8416 APPROPRIATING THE SUM OF $5,915.67 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CON- NECTION WITH THE SALE OF $2,700,000 GENERAL IMPROVEMENT BONDS, SERIES 1966-A, ON DECEMBER 15, 1966; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel, and Jimenez present and voting "Aye". Grant absent. ORDINANCE NO. 8417 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $2,770, APPLICABLE TO PROJECT NO. 220-67-97, OCEAN DRIVE IMPROVEMENTS, REPRESENTING THE COST OF SERVICES, INCLUD- ING SOIL BORINGS, TESTS AND CLASSIFICATIONS, TO BE FURNISHED BY TRINITY TESTING LABORA- TORIES AND REQUIRED IN CONNECTION WITH ENGINEERING DESIGN ON SAID PROJECT: AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel,and Jimenez present and voting "Aye". Grant absent. ORDINANCE NO. 8418 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $77,795 OF WHICH AMOUNT $77,252.50 15 FOR ACQUISITION OF PARCELS NO. 5, 10, 7, 8 and 9 AND $542.50 15 FOR TITLE EXPENSE AND RELATED COSTS APPLICABLE TO PROJECTS NO. 295-64-25 CARROLL LANE AND RICHTER DRAINAGE DITCH; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lokano,McDaniel,and Jimenez present and voting "Aye", Grant absent. ORDINANCE NO, 8419 DECLARING ABANDONED THE 5 -FOOT EASEMENT OUT OF LOT 2 OF THE REPLAT OF NAVIGATION HEIGHTS AS SHOWN ON MAP RECORDED IN VOLUME 12, PAGE 7 OF THE NUECES COUNTY, TEXAS, MAP RECORDS, AND WITH ITS WEST LINE BEGINNING ON THE NORTH LINE OF SAID LOT 2 AT A POINT 60,04 FEET SOUTH 84° 28' 5" EAST FROM THE NORTHWEST CORNER OF SAID LOT'2 AND EXTENDING THE 5' WIDTH TO THE EASTWARD RUNNING PARALLEL TO THE WEST LINE OF SAID LOT 2 TO A POINT ON THE SOUTHERN LINE OF SAID LOT 2, 62,20 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 2; AND DECLARING ABANDONED THE 5 -FOOT EASEMENT OUT OF THE BRASELTON TRACT AS SHOWN ON MAP RECORDED IN VOLUME 26, PAGE 39, OF THE NUECES COUNTY, TEXAS, MAP RECORDS, RUNNING EAST OF THE WESTERN BOUNDARY OF THE SAID BRASELTON TRACT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel, and Jimenez present and voting "Aye". Grant absent, Minutes Regular Council Meeting April 12, 1967 Page 5 RESOLUTION NO. 8.420 SETTING A PUBLIC HEARING BEFORE THE CITY COUNCIL AT THE SPECIAL MEETING OF THE CITY COUNCIL AT 7:30 p.m., APRIL 24, 1967, IN THE COUNCIL CHAMBER IN THE CITY HALL ON THE MATTER OF ESTABLISHING A BUILDING LINE FOR THE PROTECTION, IMPROVEMENT AND WIDENING OF OCEAN DRIVE, ON THE EASTERN SIDE THEREOF, INCLUDING ALL THE AREA BETWEEN THE PRESENT EASTERN BOUNDARY LINE OF THE RIGHT OF WAY OF OCEAN DRIVE AND THE SHORE OF CORPUS CHRISTI BAY EXTENDING FROM THE SOUTH RIGHT OF WAY LINE OF LOUISIANA STREET AND ITS EXTENSION TO THE EASTWARD SHORELINE EXTENSION OF CORPUS CHRISTI BAY TO THE NORTHERN BOUNDARY LINE OF ALTA PLAZA; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel, and Jimenez present and voting "Aye". Grant absent. Mayor Blackmon announced the meeting would recess for about 30 minutes, pending the time set for the scheduled public hearing on assessments for Airline Road Improvement. Mayor Blackmon reconvened the meeting at 3:00 p.m., directed that it be noted that a quorum was present, and announced the Council would now hold a public hearing on assessments for the proposed street improvements for Airline Road from South Padre Island Drive to South Alameda Street; 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 to establish whether or not each individual property would be specially benefitted, and explained 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 Corrected 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. Mr. James K. Lontos, City Engineer, stated that he was a qualified, registered professional engineer; that he was thoroughly familiar with the Plans and Specifications of the proposed improve- ments which were prepared by the Engineering Firm of Lockwood, Andrews and Newnam, Consulting Engineers, and that he had reviewed and thoroughly familiarized himself with these plans; testified to the nature, extent and specifications of the proposed improvements; stated that the total bid contract price is $412,736.71; total property owners assessment is $137,005.88, and total cost to Minutes Regular Council Meeting April 12, 1967 Page 6 the City is $275,730.83; also as to the manner in which scch pro rata share was computed; and explained that the improvements included a portion of Gollihar Road and McArdle Road at these intersections. Mr. Lontos stared that Airline Road and the ,ertion of Gcllihar Road to be improved shall be excavated to a width and depth to permit construction of a minimum 6" compacted lime stablized sub -base, 17" compacted caliche base and 2" hot -mix asphaltic concrete surface pave- ments to a width of 67' back to back of curb; that the portion of McArdle to be improved shah have the same specified sub -base, base, and pavement surface except to a width of 45' back to back of curb; that all streets shall have a 5' wide, 4" thick sidewalk tied to back of curb, concrete driveways where specified on plans; that all utilities, water lines„ storm sewers, and appurtenances necessary to this project shall be included in the contract bid price; 'hat credit has been given for all existing improvements in place and meeting requirements, or that have been previously assessed against the abutting property owner; and stated that the assessment rates for this project have been calculated according to the unit bid prices applied to the front foot of each property. Interested property owners in the audience were given the opportunity to question Mr. Lontos for clarification of calculations based on the size of the respective lots, credit given existing improvements, and varied costs, after which the following persons appeared: Mr. Guy Winstead, Mr. Fred R. Sanders, Charles Bonniwell, Mrs. Vennie Mae Peck, Mr. Bill Warren, Mr, Alfred Hesse, and Mr. J. L. Portman. Mr. Harold A. 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; and testified that he had personally viewed and understood the extent and specifications of the proposed improvements. Mr. Carr presented colored slides of Airline Road, beginning at South Padre Island Drive all the way to South Alameda Street, to more clearly describe the condition of the area and the need for the proposed improvements. The pictures made visible, deep ditches on either side of Airline Road, in most instances, filled with water and trash; broken and rough shoulders on the pavement along most of the thoroughfare; foot paths on banks of ditches made by children attending Fraser School; showed the enterance to Fraser School in very bad condition, and generally, the Minutes Regular Council Meeting April 12, 1967 Page 7 entire length of Airline Road from South Padre Islard Drive to Alameda, in need of the proposed improvements. Mr.Carralsc-exhibited colored slide pictures of the recently improved South Staples Street, depicting the benefit of the improvements in comparison and paralled to that of the subject property Mr. Carr stated that he had personally viewed within the past week the Preliminary Assessment Roll and that, based on his detailed and careful examination of each and every piece of property, in his opinion, each of the pwoperties so assessed would be enhanced in value at least to the extent of the proposed assessments with the following exception: Item #40, Guy Winstead, reduce assessment from $5,246,01 to $3,830 redr:cton based on the formula applied to triangular shaped lots Mr. Joe Pierce, Paving Coordinator of the City Staff,stated that he was In agreement with the opinion of Mr. Carr that the assessment on tem #40, Guy Winstead, appearing on the Assessment Roll as $5,246.01, should be reduced to $3,830 based on the irregular shape of his property. Mayor Blackmon stated that 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: Item #3, Texaco, Inco - Mr. J. L. Pace appeared and stated that he did not obleat to the paving project, but stated that he noted that the rate of $13.56 appearing or the Assessment Roll on Item #3, based or. 80 percent of one-half of the 67 -foot street, was the sore as Items it 85, 86 and 87 which were calculated on the basis of 80 percent of one-half cf the 47 -foot street, Mr. Lontos advised Mr. Pace that the figures on items #85, 86 and 87 were in error and will be rechecked and corrected. Item #40, Mr. Guy Winstead appeared and protested the amount of the assessments on his property, stated that "he is giving the City ten feet and paying some $3,000 to have it paved"; that some of this land is vacant and is of no value, and stated that instead of the reduction to $3,830 as recommended by Mr. Carr, he feels it should be further reduced to $2, 164, and in that event he would be willing to give the City the ten feet. Minutes Regular Council Meeting April 12, 1967 Page 8 Item #44, Mendell Seyrriore & Irvin Gerdy - Mr. Mendel/ appeared and stated that a fence had been erected on two sides of this property and that they plan to continue the fence on down Airline, and asked if the curbs could be dispensed with as there would be no need for them if the fence is installed. Mr. Lontos stated that something could be worked out in this connection, and Mayor Blackmon requested that Mr. Lontos submit a recommendation as to the feasibility of complying with this request. Item #54, Business Real Estate Company - Mr. Je L. Portman, representing the subject company, stated that he does not object to the street improvements, but that he feels it is unfair to be penalized for owning a comer lot; that the improvements on the side street will be of no value to him since he has no access to it; that he feels the assessment is out of proportion, and stated that he would be willing to sell this property to the City for the amount of the assessment. Item #72, Alfred H. Hesse, Jr. - Mr. Hesse stated that he is protesting the assessments on his property as being unfair and unjust since Airline is completely removed from his use; stated that the improvements cannot be seen because of existing redwood fence between his property and Airline; that he had discussed this matter with the FHA and was advised that this improvement would not add a penny to the value of his property. Mr. Hesse further stated that the sidewalks would be of little value to anyone in this neighborhood as there are very few children, and that there are no foot paths on these streets. Item #73, William L. Harris - Mr. Harris appeared and stated that he is protesting the improvements for the same reasons as stated by Mr. Hesse. Item #84, Russell A. Paulsen - Mr. Paulsen appeared and concurred in the remarks made by Mr. Hesse in connection with Item #72. Item #69, William S. Minor, ill, also protested the improvements for the reasons as stated by Mr. Hesse. Item #81, St. Bartholomew's Episcopal Church - Mr. Charles Bonniwell, attorney, appeared representing the Episcopal Church and stated that they were not making a specific protest against sidewalks but asked Mr. Carr if he thought there was enough foot traffic to justify the construction of sidewalks in view of the fact that there are no buildings near. Please note that the minutes for April 12, 1967 are not complete. After researching microfilm the last page of the minutes is a duplicate of page 8.