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.