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HomeMy WebLinkAboutMinutes City Council - 10/11/1967PRESENT: Mayor Jack R. Blackmon Mayor Pro Tern Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 11, 1967 2:00 p. m. Assistant City Manager R. Marvin Townsend City Attorney 1. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Reverend James W. Campbell, Pastor of Aldersgate Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Meeting of October 3, 1967, and of the Regular Meeting of October 4, 1967, were approved as submitted to the Council. Mayor Blackmon read and presented proclamations relative to the following: NATIONAL BUSINESS WOMEN'S WEEK in Corpus Christi, October 15 through'21, 1967, in recognition of the achievements of the business and professional women who contribute daily to the stability and economy of the community, received by Dorothy Wilcox, president of Corpus Christi Business and Professional Women, and Bern Cahill, president of Downtown Business and Professional Women; CORPUS CHRISTI LEGAL SECRETARIES' DAY in Corpus Christi, October 17, 1967, in conjunction with the official Day in Court for Legal Secretaries of Corpus Christi, received by Mary Castillo, president,and Virginia Putnam, chairman of Day in Court, of Nueces County Legal Secretaries' Association; CREDIT UNION DAY, October 19, 1967, in recognition of the many benefits of credit unions, received by Sandy Sanderson of Telco Credit Union, Bill Barber of American Smelting Credit Union, and Wes Gambill of Teachers' Credit Union. Prior to recognizing Mrs. Joy Yates, owner of the Sun and Surf Motel, in connection with a previous complaint that noise from an outdoor band at the adjacent Beach Club is driving away her business, Mayor Blackmon asked Assistant City Manager Marvin Townsend to give a history of the situation. Minutes Regular Council Meeting October 11, 1967 1.'c; je 2 Mr. Townsend stated that in the latter part of May, 1967, the Beach Club, located in the 4600 Block of Ocean Drive, began having teenage dances each Saturday night using amplified musical instruments and held in an unenclosed area; that residents in the area began complaining to the Police Department of the excessive noise, who on receiving the calls, would direct the band to lower the volume, but that it would be increased noticeably within fifteen or twenty minutes after the officers left the scene. Mrs. Yates, the primary complainant, was advised to file a complaint under the anti - noise ordinance in Corporation Court, which she did not do. Mr. Townsend stated that around the gist of July a cease and desist order was issued by the Building Official; that the Beach Club appealed the order on the basis that he made an error in interpreting the Zoning Ordinance; that a hearing was 4,eld on the appeal on July 25, 1967 by the Board of Adjustment who held that the use was an accessory to the 4600 Building, and upheld the appeal on the condition that it comply with the City anti -noise ordinance; that no dances were held during the period of cease and desist order, but were resumed on hrt; second Saturday in August and have been held every Saturday night since then, but ceases at 10::30 p.m., and that the misunderstanding regarding Mrs. Yate's right to file a complaint was cleared immediately after she appeared before the City Council on August 23, 1967. Mrs. Yates spoke in her own behalf, stating that her guests are still disturbed, and that her n+riness is still off; that the hours from 7:30 to 10:30 p.m. are prime hours for renting rooms; stated ,'rut a preliminary study was made last Saturday night by a recognized sound expert, the results of °wh oh she would furnished the Council on request; stated that she has not filed a complaint in Cor- rt'ration Court because she feels this is a situation that should be corrected by the City, and that she does not understand why the anti -noise ordinance cannot be enforced. Mayor Blackmon stated that the question is, is there an ordinance being violated, and if so, the law should be enforced. Mr. Townsend stated that the Chief of Police and City Attorney have been instructed to file .charges and to take whatever steps available to prosecute the offenders if the violation continues. Mayor Blackmon announced the opening of bids. Assistant City Manager Townsend stated that it was his recommendation that the opening of bids on Employees Group Life and Hospital Insurance be deferred for two weeks to be opened Minutes Regular Council Meeting October 11, 1967 Page 3 October 25, 1967, to allow an addendum to be sent which will notify the bidders that a reduction from $5 million to $2-1/2 million the amount of group insurance a firm must hove in force to qualify as a bidder. Bids were opened and read on Parking Meters from the following firms: Duncan Parking Meter Corporation (Elk Grove Village, III.); and Rockwell Manufacturing Company. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Bradley and passed that the City Manager's Reports, Items "a" through "k" , with Items "f", "g", and "h" being considered separately, be accepted and that the recommendations and requests be approved and granted as follows: a. That the date of November 15, 1967, Regular Meeting, be set for public hearing on the proposed amendment to the text of the Zoning Ordinance pertaining to trailers and mobile homes; b. That the date of Monday, October 23, 1967, 2:00 p.m., Special Meeting, be confirmed, for joint public hearing to consider rezoning of Corpus Christi Beach; c. That the award of bid on Full Elevator Maintenance Services for the City Hall and Public Utilities Buildings, La Retama Public Library, and Corpus Christi International Airport, be made to Emco Elevator Company, Inc., in the amount of $206.15 per month beginning on the first day of November, 1967 and continuing for a period of three years, on the basis of low bid meeting specifi- cations (Bid Tabulation 467- 401) d. That the acquisition of a tract of land described as being a 30 -foot wide by 1230.29 foot long strip of land out of Lots 12 and 14, Section 53, Flour Bluff and Encinal Farm and Garden Tracts, for Van Galen Ditch, Waldron Road to Laguna Madre, from the owners, John W. Van Galen and wife, be approved; and that appropriation in the amount of $1,732.20 to cover cost, be approved; e. That a settlement with Esskay Investment Company in the total amount of $11,057.50 in connection with condemnation proceedings of February, 1960, for Highway 09 Right of Way, be accepted; (Items "f", "g" and "h" considered separately) Minutes Regular Council Meeting October 11, 1967 Page 4 i, That the ordinance pertaining to issuance of building permits for construction, recon- struction, repair, alternation or remodeling of structures in the Corpus Christi Beach Area, damaged by the recent hurricane and flooding, be amended, so as to permit the granting of permits for re- construction of damaged structures to the extent of not more than 25%; I. That consent agreements with the Texas -Mexican Railway Company and the United States of America for crossing the Government's existing track with a 10" sanitary sewer line at the location known as the Texas -Mexican Railroad's Engineering Station at Holly Road Railroad and the South Staples Street Intersection, be authorized; k. Assistant City Manager Townsend stated that two requests had been received from property owners on Corpus Christi Beach who missed the deadline for filing statements for the City to clear their property of structures or debris causing health hazards. He stated that the reasons why the requests were not submitted on time appeared valid. In one case the property owner was out of town and the other owner thought he had filed a request. Mr. Townsend stated that it ishis recommenda- tion that the period of time be reopened to finally close Friday, October 13, at 5:00 p.m., so that if there are others who are in the same situation with health hazards existing caused by Hurricane Betjlah, that requests can be submitted so that these health hazards can be corrected by City Forces; f. Assistant City Manager Townsend presented the request of Atlantic Richfield Company for a refund of fees paid for two unused permits to drill their State Tract 470, Well Nos. 7 and 8, approved by the City on October 5, 1966, conditioned to receipt of a copy of the Railroad Com- mission permit, which requirements were not completed, and therefore the City permits were never issued and the fees not deposited to the City's account. Mr. Townsend stated that Atlantic Richfield now advises that the locations will not be drilled and are requesting a return of the filing fees on the basis that the permits were never issued, and that it is the recommendation of Petroleum.Super- intendent Harry Franklin that because the permits were not issued, that the filing fees be returned. Mr. Townsend read from a Section of Ordinance No. 7201 re filing fees, and stated that it was his conclusion that there is no difference in the request of Atlantic Richfield Company and a' similar request of Gulf Oil Corporation on which the action of the Council was that the fees were not returnable. Minutes Regular Council Meeting October 11, 1967 Pcge 5 Motion by Sizemore, seconded by McDaniel, that that the request of Atlantic Richfield Company for a refund of the filing fees for the two permits aforementioned be granted. On vote of the Council, Sizemore, McDaniel and Roberts voted "Aye", Jimenez, Lozano, Bradley and Blackmon voted "Nay". Mayor Blackmon declared the motion had failed. g. Assistant City Manager Townsend presented an application of Cities Service Oil Company to drill State Tract 64, Well #1, Corpus Christi Bay, as a regular location, to a total directional depth of 12,000 feet, and stated that all requirements of the ordinance have been met, and that he concurred in the recommendation of Petroleum Superintendent Harry L. Franklin, that a permit be issued to drill the well as requested; h. Mr. Townsend presented the application of Southland Royalty Company to drill their Eleanor Kelly Unit #1, to a depth of 10,500 feet with no variances requested with the exception of the 10,500'depth; that the applicant has a casing program which is adequate protection and has agreed to use steel tanks, and that all requirements have been met, and stated that he concurred in the recommendation of Petroleum Superintendent Harry L. Franklin, that permits be issued to Cities Service Oil Company and Southland Royalty Company as requested. Motion by Roberts, seconded by Sizemore and passed that the foregoing applications be granted as requested. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE FOR THREE YEARS WITH CORPUS CHRISTI COUNCIL FOR RETARDED CHILDREN FOR RENTAL OF PARKWAY HOUSE FOR GIRLS FOR $1.00 PER YEAR AND OTHER CONSIDERATIONS, A COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (a) OF SECTION 21-153, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY STREETS PROVISION FOR PARADE DRIVE, FROM ALAMEDA STREET TO KENTNER, BETWEEN 8:00 A.M. AND 9:00 A.M., AND BETWEEN 2:30 P.M. TO 4:00 P.M., ON SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting October 11, 1967 Page 6 FIRST READING OF AN ORDINANCE REGULATING AUTO WRECKERS IN THE CITY OF CORPUS CHRISTI; DEFINING CERTAIN TERMS AND EXPRESSIONS; REQUIRING OPERATORS OF AUTO WRECKER SERVICE TO APPLY FOR AND POSSESS AN AUTO WRECKER PERMIT FROM THE CHIEF OF POLICE; SPECIFYING EQUIPMENT FOR EACH AUTO WRECKER AND THE CONDITION THERE- OF; PROVIDING FOR FEES FOR APPLICATION, PERMIT, AND RENEWAL OF PERMIT; PROVIDING FOR SUBSTITUTION OF WRECKERS BY PERMITTEE; PROVIDING FOR ADDITIONAL AUTO WRECKERS TO BE ADDED TO PERMIT OF PERMITTEE; REQUIRING THE FILING OF PROOF OF FINANCIAL RESPONSIBILITY; REQUIRING PERMITTEE TO MAINTAIN ADEQUATE STORAGE AREA; MAKING PROVISIONS FOR TOWING OR MOVING OF VEHICLES; PROVIDING SYSTEM FOR DISPATCHING WRECKERS TO THE SCENE OF A DISABLED VEHICLE; PROVIDING FEES FOR TRANSPORTING DISABLED OR IMPOUNDED VEHICLES; PROVIDING FOR REVOCATION OR SUSPENSION OF AUTO WRECKER PERMIT; PROVIDING THAT EACH AUTO WRECKER PERMIT SHALL BE NONTRANSFERABLE; PROVIDING PENALTY FOR VIOLATION OF THE TERMS OF THIS ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8622 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $1,732.20, OF WHICH AMOUNT $1,660.00 IS FOR THE ACQUISITION OF THE HEREINAFTER DESCRIBED PARCEL OR TRACT OF LAND AND $72.20 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT NO. 295-67-51, VAN GALEN DITCH, WALDRON ROAD TO LAGUNA MADRE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE HEREINAFTER DESCRIBED PARCEL OR TRACT OF LAND FROM THE OWNERS, JOHN W. VAN GALEN AND WIFE, BERNICE VAN GALEN; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8623 AMENDING ORDINANCE NO. 8619, PERTAINING TO ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION, RECONSTRUCTION, REPAIR, ALTERATION OR REMODELING OF STRUCTURES IN THE CORPUS CHRISTI BEACH AREA, DAMAGED BY THE RECENT HURRICANE AND FLOODING, 50 AS TO PERMIT THE GRANTING OF PERMITS FOR RECONSTRUCTION, REAPIR, RESTORATION, ALTERATION OR REMODELING OF STRUCTURES DAMAGED TO THE EXTENT OF NOT MORE THAN TWENTY-FIVE PERCENT (25%); PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". Minutes Regular Council Meeting October 11, 1967 Page 7 ORDINANCE NO. 8624 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONSENT AGREEMENTS WITH THE TEXAS -MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA FOR CROSSING OVER, UNDER AND ACROSS THE GOVERNMENT'S EXISTING TRACK AT THE LOCATION KNOWN AS THE TEXAS -MEXICAN RAILROAD'S ENGINEERING STATION 509+10, BEING AT THE INTERSECTION OF HOLLY ROAD RAILROAD AND THE SOUTH STAPLES STREET INTERSECTION, FOR THE CONSTRUCTION OF A 10" SANITARY SEWER CROSSING, AS MORE FULLY DESCRIBED IN COPY OF EACH CONSENT AGREEMENT 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: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". Mayor Blackmon called for petitions on matters not scheduled on the agenda. Mr. Don Dent of Houston, representing Gulf Oil Corporation, appeared and asked the Council to reconsider its two previous decisions which rejected the requests of Gulf Oil Corporation for credit against future wells or a refund for permits issued but not used, and that he had filed a protest by letter to Petroleum Superintendent Harry Franklin against the Council's decisions. Mayor Blackmon stated that unless the Council wished to reverse its previous actions on two other occasions, the Chair would rule that the matter has been disposed of by this Council, and that he does not feel that reasons need be discussed at this time. Mrs. Fred A. Miller, Route 1, Robstown, requested the Council to reconsider the contemplated zoning for Beach property. Mayor Blackmon advised her to appear at the Special Meeting October 23, 1967 and present her views. Mayor Blackmon announced a 5 -minute recess before the scheduled public hearing on assessments for improvements of Ocean Drive. Mayor Blackmon reconvened the meeting, directed that it be noted that all members of the Council were present, and announced the Council would now hold the public hearing scheduled for 3:00 p.m. on assessments for the proposed street improvements on Ocean Drive from Craig Street to Hewit Drive, Unit II; explained that each member of the Council had been presented with a corrected Preliminary Assessment Roll; and that Tom McDowell, Assistant City Attorney, would conduct the public hearing. Mi nutes Regular Council Meeting October 11, 1967 Page 8 Assistant City Attorney McDowell explained the purpose of the public hearing and stated that the Staff would offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing was to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Mr. John J. Pichinson, attorney, and an abutting property owner, stated that, in view of the fact that the City Council is going to be a fact-finding body to determine whether or not the proposed improvements are going to enhance properties in value in the amount of the assessments, and have engaged the services of an expert appraiser, he feels the property owners should have been notified in more detail as to the type of hearing which is to be held in order for them to make prep- aration for counter testimony; stated that it is unfair to be forced to accept the opinion of the City's appraiser's opinion with no other evidence that the City might weigh, and that he is challenging the legality of the hearing on that basis. Mr. McDowell read a copy of the notice which the property owners received, and stated that in his opinion and that of City Attorney Singer, the notices were valid and sufficient in law, and that the City has complied with Article 1105-B for Home Rule Cities to levy these assessments. Mr. Pichinson continued to speak in connection with the proposed enhancement of his individual property and was ruled out of order, as this protest did not follow the procedure of the hearing. Mr, James K. Lontos, City Engineer, presented the plans and specifications for the improve- ments and the Preliminary Assessment Roll; testified as to his qualifications and duties as City Engineer; testified as to the nature, extent and specifications of the proposed improvements; stated that the project consists of excavation to a width and depth to permit the construction of curbs and gutters; six lanes of pavement to a width of 11.0 feet each, except from Louisiana Avenue to Hewit Drive, that within this area the width will be four lanes 12 feet wide, each consisting of asphaltic concrete and two eight foot wide shoulders of asphalt surface treatment; stated that from Craig to Hewit there will be a median consisting of a standard curb on each side and of vaired widths, with normal width of 13 feet from back to back of curb; concrete sidewalk to be con- structed only on the west side; concrete driveways as shown on plans unless otherwise changed by Minutes Regular Council Meeting October 11, 1967 Page 9 the owners; stated that assessment rates have been calculated on the basis of applying the unit prices obtained by bids and calculating the quantities for the improvements abutting the property, and by giving credit for adequate existing sidewalks, curbs and gutters and the amount previously spent for permanent type pavement that property owners have had installed; stated that property zoned ar used other than "R-1" or "R-2", curb, gutter, pavement, at the rate of $14.20 per linear foot; property zoned and used "R-1", curb, gutter, and pavement at the rate of $5.88 per linear foot; and that both shall carry the rate for sidewalks at $0.43 per square foot and driveways at $0.85 per square foot; pavement only zoned and used "R-1" or "R-2", at $4.43 per linear foot (credit given for improve- ments in place); and that property from Craig to Cole Street is assessed at a rate of $5.61 per foot for curb, gutter and pavement, a reduction from $14.20, with credit allowed for improvements paid for in 1927. Mr. Lontos further stated that the total contract price for the improvements from Craig to Hewit is $479,662.40; total assessments to property owners is $84,095.08, and that the City's portion is $395,567.32. Mr. Dave Coover, attorney, representing several property owners questioned Mr. Lontos as to allowances made property owners who have paid for assessments since 1927; allowances for permanent improvements; as to the type of pavement required for a busy thoroughfare; as to the enchancement of residential property if traffic is increased as a result of the improvements; and as to specifications, rates, and width of a standard residential street. Mr. Lontos stated that the proposed paving is designed for heavy traffic, similar to that on South Staples and Alameda, and will vary in different locations, but that the street as a whole has not been classified as a thoroughfare; that the rates are not out of line; explained that the City records show that property owners from Craig to Cole paid for permanent:. improvements in 1927, and have been given credit on the revised assessment roll, and that credit will be given any other owner if records can be produced that they were paid for; and stated with regard to increased traffic that traffic has been increased in all parts of the City. Others appearing and questioning Mr. Lontos as to type of improvements were Mrs. Frank Harrison, Mrs. Albert Slovak, Mrs. J. E. Maffi, and Mr. Pichinson. Minutes Regular Council Meeting October 11, 1967 Page 10 Mr. Pichinson inquired as to the uniformity of allowances being made for present improve- ments, such as sidewalks, setback parking areas and driveways, regardless of type and character, stating that his off-street parking is being eliminated. Mr. Lontos stated that credit will be given for standard improvements; that Mr. Pichinson's off-street parking is on City -owned property, and that allowance cannot be given for this type of improvement. Mr. Harold Carr 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; testified that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed the preliminary assessment roll and made on the scene inspection of each of the properties to be assessed; and that in his opinion, where there is good curb and gutters and paving, it is doubtful whether or not the properties from Craig to Louisiana Street will be enhanced in value by the proposed improvements in the amount of the assessment, with the exception of the driveways. Mr. Carr stated that the entrances to the driveways will be widened with the new improvements and that entering into the property will be facilitated and will be of benefit to the owner; stated that the area between Craig and Louisiana has good curbs, gutters and sidewalks, and that this project calls for the tearing out of existing paving, curbs and sidewalks; stated that the improve- ments will help the neighborhood as a whole, help business, and improve the movement of traffic, but stated that he is not prepared to say that it will enhance the value of each property in the amount of the assessment. Mr. Carr further stated that, in his opinion, the properties from Louisiana south to Hewit will be enhanced in value in the amount of the assessment with the exception of specific cases where standard curbs, gutters, sidewalks, and similar improvements exist. Mr. Carr based his opinion on the fact that, in most cases, there are deep ditches on both sides of the existing pave- ment, that the pavement and improvements do not meet City standards; that in specific cases where the paving and gutters are good, the owners have been given credit on the assessment roll. Mr. Carr was cross-examined by Mr. Coover, Mrs. Albert Slovak, Mrs. J.E. Maffi, Mr. Pichinson, Mr. Conrad Blucher, Dr. Walter Lemke, Bill Granbury, and Giles Grady, and raised Minutes Regular Council Meeting October 11, 1967 Page 11 questions as to assessments for sidewalks, the possibility of widening the street on the Cole Park side; if the destruction of trees could be considered an enhancement; if the street in its present condition would be odegJate as a residential street; as to the exceptions in enhancement from Louisiana to Hewit; off-street parking, number and width of lanes. Mayor Blackmon called the names from the assessment roll and the following persons appeared: Item #2, Mary Grant - stated she was opposed to the improvements and assessments for the reasons already stated; Item #5, Barbara Arts- stated that she is being charged for a driveway but that she is satisfied with the driveway arrangement presently existing with hers on the north adjoining her neighbors, providing a satisfactory way of entering. Mrs. Arts was advised that she is being charged for 3/5 of driveway, and that her present driveway is on street right of way. Item #8, Ethel G. McCauley - appeared and stated that she is objecting to the assessments on the basis that she has good sidewalks and curbs; and does not want to pay for new ones; Item #14, Junior League of Corpus Christi - a representative stated that he wanted to cooperate with the City to improve the City, but questioned that the value of this property would be enhanced in the amount of the assessment; Item #15, Mrs. Dewey W. Allison - appeared and stated that she was opposed for reasons previously stated; Items#18, #21 & #23, Incarnate Word Mother House and Sisters of Charity of Incarnate Word - Mr. J. F. Wakefield appeared as a member of the Advisory Board of Spohn Hospital and commended the Council for their constant and earnest efforts in the paving of Ocean Drive; and stated that he was looking forward to its completion, but on behalf of the Advisory Board of the Hospital requested that this property be classified as church property, stating that the property is exempt from taxation; Item #29, Jessie Bell Rayburn - Mrs. Rayburn stated that she was opposed to the improve- ments and the assessment, stating that she did not feel there would be an enhancement of her property in the amount of the assessment; Minutes Regular Council Meeting October 11, 1967 Page 12 Item #31, F. M. Thomason - Mr. John Thomason stated he favored the improvements; com- mended the Council for going forward on this project, but explained that he was appearing on behalf of his father who lives on the corner of Ocean Drive and Cole Street, and that he had installed side- walks on Ocean Drive and curbs and gutters onithe Cole Street side of his property in January of this year according to City Specifications, and stated that he felt consideration should be given for credit for the sidewalks, and also stated he felt the assessment was too high; Item #33, Mrs. J. Y. Womack - Dr. Walter Lemke appeared representing Mrs. Womack, and stated he did not feel the exit from his property onto Ocean Drive would be benefitted by the improve- ments, and stated the assessments were excessive; Item #34, Mrs. J. E. Maffi - Mrs. Maffi questioned the need for sidewalks; complained that she had installed a new driveway between the street and sidewalk five times since 1953 and that it had been destroyed five times by standing water, and stated that the City should pay for the new drive- way; stated that she felt the improvements will make Ocean Drive a major thoroughfare and that this will damage the value of abutting residential property; and pointed out that trees will have to be destroyed; Item #35, Mrs. Giles Grady - At this point in the meeting Mr. Coover introduced Mr, Giles Grady as an expert real estate appraiser, and interrogated him as to his experience; qualifications and knowledge of Corpus Christi real estate; and his familiarity with the values and conditions of the subject street. In answer to questions from Mr. Coover, Mr. Grady stated that in his opinion, in view of the fact that the area from Craig to Louisiana Streets have existing standard paving, curbs and sidewalks, the value of the properties will not be enhanced by virtue of the proposed improve- ments, but stated that it would be damaged. Mr. McDowell cross-examined Mr. Grady, and in answer to questions Mr. Grady stated that he did not believe the property between Craig and Louisiana could be improved upon; agreed that the street is already a major thoroughfare, but stated that improvements of a public nature will influence the value of improvements of a private nature; and stated that he had not made an on the scene inspection of other properties thanhis own between Craig and Louisiana Street. Item #36, Mr. Frank W. Crook - Mr. Coover spoke on behalf of Mr. Crook and stated that his objection would be identical to that of Mr. Grady. Minutes Regular Council Meeting October 11, 1967 Page 13 Item #39, Albert Slovak - Mrs. Slovak stated that she was opposed to the amount of the assessment for the reason that she felt permanent improvements had already been paid for; feels they are being re -assessed; that the assessment is excessive; that the improvements would not enhance the value of the property and are not needed; and other reasons previously stated; Item #40, W. H. Daimwood - Mrs. Jeff Bell spoke on behalf of her mother, Mrs. Daimwood, and stated she is opposed to the improvements for the reason that the sidewalks, curbs and gutters abutting her property are in excellent condition and does not feel she should be assessed; Item #41, Dan L. Clark - Mr. Clark stated he is opposed to the improvements and the assessment, and asked the Mayor and Mayor Pro Tem if they would give him a letter guaranteeing that his property will be enhanced in the amount of the assessment, to which question the Mayor stated that he would not give him such a letter, as it is the prerogative of the Council as a whole to determine the amount of the assessment. Mr. Clark Further stated that he objects to being assessed for a driveway on the basis that he does not get the full benefit of the driveway on Ocean Drive, but that he uses the driveway on the Southern Street side, and further staled that he objects to being assessed for the sidewalk which he paid for and installed and is in good condition; Item #44, Ross Garza, M.D. - Dr. Garza stated that he was opposed to the entire project and did not feel that his property would be enhanced in value; that he felt the property the City has taken across the street is going to attract the wrong kind of people; that he does not want the side- /• walks in front of his house which will encourage the use of bicycles and skate boards; stated that he has an adequate driveway already and does not want to be charged for another; Item #52 & #81, Conrad Blucher - Mr. Blucher appeared and inquired as to whether or not sidewalks will be installed on both sides of the street; the width of same if they will be placed against the curbs; as to allowances made for existing improvements, and if the seawall will remain. Item #53 & 082, W, R. Hubler - Dr. Hubler stated he was opposed to the increased traffic which will be inevitable on what is considered a residential street and stated that he favored a two lane street; stated he felt the proposed curbs and gutters will improve the area generally; inquired as to whether or not taxes will be raised and if parking would bR permitted on the safety shoulder. Item #54 & #83, Frank Cech - Mr. Coover spoke on behalf of Mr. Cech and stated he felt the assessment of $4.43 against $5.88 was disproportionate, and that the construction of a sidewalk at this location is a hazard; Minutes Regular Council Meeting October 11, 1967 Page 14 Item #55 & #84, John J. Pichinson - Objection voiced earier in this meeting and filed objection in writing; Item #63 & #91, First Baptist Church - Mr. John Thomason spoke on behalf of the First Baptist Church, and commended the Council on the paving project - that it k a democratic process; Mayor Blackmon stated that he will not participate in the action for the disposition of Items #63 and #91 since he is a member of the Board of Trustees of the First Baptist Church; Item #73, Ross Garza - Dr. Garza stated that the City has condemned this property; Item #89, Dr. Hans E. Heymann - Dr. Heymann stated that he did not object to the paving, but that he had filed a letter with the Public Works Department in connection with rearranging the median to provide better access to his property; Item #92, Dr. B. B. Friedman - Mr. Coover spoke on behalf of Dr. Friedman and stated that he feels the assessment of $4,43 against $5.88 for existing driveway is disproportionate; Item #93, B. F. Harrison - Mrs. Harrison stated that her property extends to the center of the drainage ditch, and that it appears it will not be curbed, and that this should be considered in her assessment; that she does not think the heavier traffic brought closer to her property will enhance the value; Item #96, T. F. Smith - Mr. Townsend stated that Mr. Smith had filed written objections with the Public Works Department with regard to credit being given for his existing driveway, curbs, planter box and special drainage system. No one else appeared to be heard in connection with the proposed street improvements. Mayor Blackmon pointed out that conflicting opinions had been given by well-qualified experts; that no decision would be made at this time on the proposed assessments; stated that other evidence may be submitted to the City Engineering Department that will be helpful; that in view of the testimony presented at this hearing, the Council may make further reductions, but that the hearing could be closed at this time, Motion by McDaniel, seconded by Lozano and passed that the hearing be closed. There being no further business to come before the Council, the Regular Meeting was adjourned.