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HomeMy WebLinkAboutMinutes City Council - 03/13/1968PRESENT: Mayor Jack R. Blackmon 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 March 13, 1968 2:00 P.M. City Manager R. Marvin Townsend City Attorney 1. M. Singer Assistant City Attorney Tom McDowell City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by The Reverend William R. Fleming, Pastor of St. John's Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bradley, seconded by Roberts and passed, that Mayor Pro Tem Sizemore be ex- cused for cause. Mayor Blackmon read and presented proclamations relative to the following: DeMOLAY WEEK, March 17 - 24, 1968, in celebration of this organization's 49th Anniversary, and express- ing appreciation of these young leaders for their contribution to the welfare and character of other young men in the City, received by Don Bond, Master Counselor, Paul Howell, Steve Hinman, and Mike Wright; ZONTA CLUB DAY, March 14, 1968, in recognition of the many contributions made to local organizations and charities, received by Mrs. Reid; PET FAIR WEEK, March 17 - 23, 1968, sponsored by the Museum Guild as a fund raising activity in support of the Museum, and urged citizens to visit the Fair and support the activity on the part of our young people, received by Mrs. Mickie Johnson; RED CROSS MONTH, the Month of March, 1968, urging the citizenry to support the emergency campaign by volunteering their time and contributions to this worthy fund, to be presented at the campaign breakfast on March 14. Mayor Blackmon announced the pending item of Application #268-I, Mrs. J. H. Mays and Others, for change of zoning from "R-2" Two-family Dwelling District to "B -I" Neighborhood Busi- ness District for construction of a Maverick Market and a service station, on the South 5' of Lot 57, all of Lots 58 through 64 and the South 70' x 125' of Block 812, Port Aransas Cliffs, on which a public hearing was held March 5, 1968, and called for a motion for the disposition of the matter. Motion by Roberts that the "B -I" zoning requested in the foregoing application be approved. Minutes Regular Council Meeting March 13, 1968 Page 2 The motion died for lack of a second. Motion by Bradley, seconded by McDaniel, with Lozano and Roberts voting "Nay," that the recommendation of the Zoning and Planning Commission be concurred in and that the foregoing appli- cation be ppli-cation.be denied. The motion failed for lack of sufficient affirmative votes. Motion by Lozano, seconded by Roberts and passed that the foregoing application be tabled for further consideration. Mayor Blackmon announced the pending item of Application 0268-2, Mrs. R. D. Hunter, for change of zoning on a portion of P. Hinajosa Abstract 850 between UpRiver Road and I. H. #37, and called for a motion for the disposition of the matter. Motion by McDaniel, seconded by Roberts, and passed unanimously, that Application 1267-2, Mrs. R. D. Hunter, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District for a convenience center coupled with apartments and/or service station, on a portion of P. Hinajosa Abstract 850 between UpRiver Road and 1. H. #37, fronting 1,359.97 feet on 1. H. #37 and fronting 1,189.82 feet on UpRiver Road, such distances running in a westerly direction from a point where UpRiver Road and 1. H. 937 right of way intersect, be denied, but in lieu thereof "B -I" Neighborhood Business District be approved on the eastern por- tion to a line from West Guth Park extended, and that "A-2" zoning be approved on the remainder of the tract, and that an ordinance be brought forward effectuating the change subject to a proper plat. Mayor Blackmon announced the pending item of Application 9267-3, Mr. Max F. Dullnig, Jr., for change of zoning from "R -1B" One -family Dwelling District to "B -I" Neighborhood Busi- ness District for retail sales, on Lot 13, Block 1, Lakeview Acres, on which a public hearing was held March 5, 1968, and called for a motion for the disposition of the matter. Motion by Bradley, seconded by Lozano, with McDaniel and Roberts voting "Nay," that the foregoing application be approved for "B-1" as requested. The motion failed for lack of suffi- cient affirmative votes. Motion by Lozano, seconded by Roberts and passed that the foregoing application be tabled for further consideration. Minutes Regular Council Meeting March 13, 1968 Page 3 Mayor Blackmon announced the pending item of the public hearing, recessed from March 5, 1968, on Application 4268-5, Mr. Jack Davis, for change of zoning from "AT" Apartment - Tourist District to "B -I" Neighborhood Business District for the -reconstruction of the Gulf View Fishing Pier with accessory retail uses, on Block B, Brooklyn Addition. No one appeared in support or in opposition to the application, and it was determined that it was possible the applicant did not receive sufficient notice of the hearing. Motion by Bradley, seconded by Lozano and passed, that the foregoing public hearing be further recessed until the Regular Meeting of March 20, 1968, and that the City Secretary notify the applicant of this action. Mayor Blackmon announced the public hearing on the application of Mrs. Ada Wi Ison, president of the Ada Wilson Hospital of Physical Medicine and Rehabilitation, for the closing of an alley Tying between Lots 19 and 20, and Lots 3 and 4, of Block II, Ocean View Addition. City Manager Townsend presented the request; pointed out on a map the location of the alley proposed to be closed; stated the purpose of the request is to construct a four-story $1.5 million extended care facility, and that the proposed purchasers agree to provide 15.5' alternate alleyway between Lots 4 and 5 opening onto Second Street and agree to pay for the moving of the present utilities in the existing alleyway. Mr. Townsend stated that the request had been circus hated among the affected City Departments, and that the Traffic Engineer had pointed out that the closing of this alley could create some problems on 3rd Street by forcing trash trucks and other service vehicles into this roadway, and recommended that this be takeninto consideration, and further recommended that if the alleyway is relocated, a similar dedication be made between Lots 21 and 20 opening onto Third Street; that the Zoning & Planning Staff indicated disapproval of the closing, on the basis that it would disrupt service vehicles serving residences and Professional Office Buildings fronting on Second & Third Streets, but that if the Council favors the proposed closing, then the owners should be required to dedicate right of way which would ease the 90 degree turns within the property; that the Fire Department stated closing of the alleyway would adversely affect the fire protection in the entire block; and that the Public Works and Public Utilities recommended rerouting of the utility lines at the owners expense. Minutes Regular Council Meeting March 13, 1968 Page 4 Mr. Paul Koepke and Mr. Tim Clower, realtors, appeared and described the proposed devel- opment, and stated it is to be located on the site formerly occupied by the Ada Wilson Hospital for Physical Medicine and Rehabilitation; stated that the project will serve both Spohn and Memorial Hospitals for convalescents and extended care of patients. Mr. Koepke stated the development is backed by Mediciners of America, Inc., of Memphis, Tennessee; described the building plans and the proposed handling of traffic from a sketch, and stated that all the existing buildings would be removed and that a fence will be constructed to screen adjoining doctors' offices. He further stated that the only way this development can be realized is for the alleyway to be relocated as re- quested. Mrs. Ada Wilson spoke in behalf of the request and stated there are thirteen of these ex— tended care hospitals over the country, and that the City of Corpus Christi is fortunate to have one located here. Mrs. Wilson stated that she is so completely convinced that the project is in the public health interest, that she has reduced her property in the amount of $25,000 in order to bring about the transaction. She stated she believes the development will increase the value of all surrounding properties, and further stated that Mr. Koepke and Mr. Clower have contacted all the property owners in the area and that all have indicated they are in favor of this type of develop- ment, and that she feels the garbage collection and traffic problems can be satisfactorily worked out. Mr. Koepke filed with the Council a petition containing signatures of 12 area residents in support of the request Residents appearing and speaking in favor of the request were Dr. M. L. Norvell, Mr. Frank Bronner, Mr. Norman Sanderson, Mrs. Vela McGree, and Mr. Harold Anderson, all gener- ally concurring in the statements made by Mrs. Wilson that the development is in the public inter— est, and that the problem of egress and ingress can be satisfactorily resolved. Mr. Jack North, attorney, spoke on behalf of the H. H. Heaney properties, and stated that he is mostly seeking information as to the handling of traffic, egress and ingress, and stated that his clients are in favor of the relocation as requested providing the garbage pickup can be worked out. No one else appeared in connection with the foregoing request. Minutes Regular Council Meeting March 13, 1968 Page 5 Motion. by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Lozano and passed, that the foregoing matter be tabled for further consideration. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Lozano and passed, that the City Manager's Reports be accepted, and that the recommendations and requests be granted and approved asfollows: a. That the bid award on Mowing Equipment be made to the following firms fora total sum of $6,038.50: (Bid Tabulation #68-13) To Watson Distributing Company, Inc. - San Antonio - Item 1 - 5 Unit Gong Tractor Mower with Hydraulic Travel Lift, Jacobsen Model F-10, in the amount of $4,926.00; To Goldthwaite's of Texas, Inc. - San Antonio - Item 2 -one 76" Real Mower, Toro Pro essional Model No. 06123, in the amount of $1,112.50; b. That the sum of $39,769 be appropriated, of which amount $31,587 is from No. 220 Street Bond Fund, $4,183 is from No. 250 Sanitary Sewer Bond Fund, $2,685 is from No. 291 Park Bond Fund, all to supplement funds in the amount of $11,703 remaining from funds previ- ously appropriated for engineering and contingencies, applicable to various bond fund protects, and that reimbursement to No. 102 General Fund, in the amount of $51,472 from funds hereby ap- propriated and previously appropriated and not heretofore reimbursed during the current fiscal year, be authorized; c. That the authority to employ an additional Engineers Assistant I (Party Chief), Engi- neering Aide, and a Construction Inspector 1, for the reason that non -bond work has been delayed, and that overall workload is now such that additional personnel is required, be granted; d. That the name of Havana Drive in Malibu Heights Unit 1, be changed to Bahama Drive; e. That the proposal of Mr. Richard Dom, President of the Neighborhood Centers Board, to effect a conveyance, by special warranty deed, of Lots 2 and 3 of Block 5 in Elgin Park to the City of Corpus Christi in consideration of a conveyance, by special warranty deed, from the City of Lots 19 and 18, Block 5, El Rey Addition; be accepted; f. That the public hearing held March 6, 1968, on assessmentsto abutting property owners on Everhart Road, Padre Island Drive to Holly Road, be officially closed; Minutes Regular Council Meeting March 13, 1968 Page 6 g. That Minute Order No. 60318 passed by the Highway Commission on December 16, 1967, regarding anillumination system on State Highway 358 (Padre Island Drive) Airline Road to the Crosstown Expressway (S.H. 286 Relocated), whereby the City and State will participate on an equal bask in the construction, maintenance and operating cost, be approved; h. That the authority to accept and approve an assignment agreement between the Corpus Christi Bank and Trust Company, Trustee, and Hertz Corporation, covering a commercial building site for use as automotive service facility and other related activities, identified as Lots I and 2 in N. W. Commercial site at Corpus Christi International Airport, be approved; i. That the ordinance appearing on the agenda referred to as the ambulance ordinance, be read and passed on first reading this date, and that a meeting had been scheduled for Monday at 3 p.m., between the City Staff, ambulance operators and other interested parties, in an effort to resolve differences, and possibly pass the ordinance at next week's regular meeting on an emer- gency basis. Motion by McDaniel, seconded by Roberts and passed, that the ordinance authorizing an agreement with Ruth Sparks for lease of property in Block 17, Beach Portion, be amended by changing the agreement to the effect that the City will have the right of refusal, with reduction in purchase price, if exercised during the first 2 - 1/2 years, of all rents paid during that time and providing that there be no lien for rent on any public records. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION TO BE NUMBERED SECTION 19D, ENTITLED "EMERGENCY AMBULANCE SERVICE"; DEFINING TERMS; MAKING IT UNLAWFUL TO OPER- ATE AN AMBULANCE WITHOUT AN AMBULANCE OPERATOR'S PERMIT; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE OPERATOR'S PERMIT; MAKING IT UNLAWFUL TO OPERATE AN AMBULANCE ON THE PUBLIC STREETS EXCEPT IN THE PRESENCE OF A PERSON HOLDING AN AMBULANCE ATTENDANT'S PERMIT; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE ATTENDANT'S PERMIT; PROVIDING FOR THE SUSPENSION OR REVOCATION OF SAID PER- MITS UNDER CERTAIN CONDITIONS; PROVIDING FOR THE DISPATCHING OF AMBULANCES BY THE POLICE DISPATCHER UNDER CERTAIN CONDITIONS; PROVIDING FOR THE CREATION OF EMERGENCY AMBULANCE ZONES UNDER CERTAIN CONDITIONS; MAKING IT UNLAWFUL FOR AN AMBULANCE OPERATOR TO REFUSE ASSISTANCE OR TRANSPORTATION AT THE SCENE OF AN EMERGENCY WITH CERTAIN EXCEPTIONS; PROVIDING FOR THE MANAGEMENT AT THE SCENE OF AN EMERGENCY; MAKING IT UNLAWFUL TO ACCEPT AMBULANCE SERVICE WITHOUT PAYING A FEE THEREFOR; PROVIDING FOR EXCEPTIONS TO THIS ORDINANCE; PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and p5ssed to its second reading by the following vote: Blackmon, Bradley, Jimenez, Lozano, and Roberts present and voting "Aye," Minutes Regular Council Meeting March 13, 1968 Page 7 McDaniel abstained, and Sizemore was absent, SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH RUTH SPARKS, WHEREBY THE CITY IS TO LEASE FROM THE SAID RUTH SPARKS FRACTION- AL LOTS 11 AND 12, BLOCK 18, AND FRACTIONAL LOT 7, BLOCK 17, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE USES AND UNDER THE CONDITIONS PROVIDED IN SAID LEASE, ALL AS MORE FULLY SET FORTH THEREIN, A COPY OF WHICH 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, Bradley, Jimenez, McDaniel, and Roberts present and voting "Aye," Lozano voting "Nay," and Sizemore was absent. ORDINANCE NO. 8789 APPROPRIATING THE SUM OF $39,769, OF WHICH AMOUNT $31,587 IS FROM NO. 220 STREET BOND FUND, $4,183 IS FROM NO. 250 SANITARY SEWER BOND FUND, $2,685 IS FROM NO. 295 STORM SEWER BOND FUND, AND $1,314 IS FROM NO. 291 PARK BOND FUND, THE FOREGOING AMOUNTS TO SUPPLEMENT FUNDS IN THE AMOUNT OF $11,703 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR ENGINEERING AND CON- TINGENCIES, APPLICABLE TO VARIOUS BOND FUND PROJECTS, AS SHOWN ON THE TABU- LATION PREPARED BY THE ACCOUNTING DIVISION, FOR THE ENGINEERING ACTIVITIES AND RECEIVABLE ACCOUNT NO. 1158, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT TO NO. 102 GENERAL FUND, IN THE AMOUNT OF $51,472 FROM FUNDS HEREBY APPROPRIATED AND PREVIOUSLY APPRO- PRIATED AND NOT HERETOFORE REIMBURSED DURING THE CURRENT FISCAL YEAR FOR THE PERIOD NOVEMBER I, 1967, THROUGH JANUARY 31, 1968; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 8790 CHANGING THE NAME OF HAVANA DRIVE, IN MALIBU HEIGHTS UNIT 1, A SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO BAHAMA DRIVE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye'; Sizemore was absent. ORDINANCE NO. 8791 ADOPTING MINUTE ORDER NO. 60318 PASSED BY THE STATE HIGHWAY COMMISSION ON DECEMBER 16, 1967, REGARDING AN ILLUMINATION SYSTEM ON STATE HIGHWAY 358 (PADRE ISLAND DRIVE) AIRLINE ROAD TO THE CROSSTOWN EXPRESSWAY (S. H. 286 RELO- CATED), IN THE CITY OF CORPUS CHRISTI WHEREBY THE CITY OF CORPUS CHRISTI AND Minutes Regular Council Meeting March 13, 1968 Page 8 THE STATE HIGHWAY DEPARTMENT WILL PARTICIPATE ON AN EQUAL BASIS IN THE CON- STRUCTION, MAINTENANCE AND OPERATING COST OF THE ILLUMINATION SYSTEM AT THE LOCATIONS AFORESAID; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 8792 AMENDING THE ELECTRICAL CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, ADOPTED BY THE CITY COUNCIL AS ORDINANCE NO. 8042, ON JUNE I, 1966, BY AMENDING CHAPTER II OF SAID ELECTRICAL CODE BY ADDING TO SECTION 11-1 THE PROVISION THAT IT SHALL NOT BE NECESSARY FOR ANY COMPLAINT OR INFORMATION TO NEGATIVE ANY EXCEPTION CONTAINED IN THE ORDINANCE CONCERNING ANY PROHIBITED ACT; FURTHER AMENDING CHAPTER II OF THE SAID ELECTRICAL CODE BY ADDING A NEW SECTION, TO BE NUMBERED SECTION I1-4, PROVIDING FOR MORE EFFECTIVE CIVIL ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 8793 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON EVERHART ROAD, FROM PADRE ISLAND DRIVE TO HOLLY ROAD, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN; FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST QF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF EVERHART ROAD, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IM- PROVEMENTS ON SAID STREET, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID STREET AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COM- PLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. Minutes Regular Council Meeting March 13, 1968 Page 9 ORDINANCE NO. 8794 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 APPLI- CATION OF MR. E. I. CASAREZ, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 31A, BLOCK 1, LEXINGTON SUBDIVISION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 8795 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 APPLI- CATION OF FRANK SOVEY BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE OPERATION OF A PARKING LOT AND COLD STORAGE VAULT ON LOT 5, BLOCK I, HIGH TERRACE ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO ALL "R -IB" REGULATIONS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 8796 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 AP- PLICATION OF THE TEXAS STAR DISTRIBUTING COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE CONSTRUCTION AND OPERATION OF A SERVICE STATION WITH A SIGN UNDER 9-4" REGULATIONS, AND SUBJECT TO ALL OTHER "B -I" REGULATIONS, ON LOT "A", BAYDER ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. Minutes Regular Council Meeting March 13, 1968 Page 10 ORDINANCE NO. 8797 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND HERTZ CORPORATION, COVERING A COMMERCIAL BUILDING SITE FOR USE AS AUTOMOTIVE SERVICE FACILITY AND OTHER RELATED ACTIVITIES, WHICH PLOT IS IDENTIFIED AS LOTS 1 AND 2 IN N.W. COMMERCIAL SITE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, SAID SITE BEING MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE ASSIGNMENT AGREEMENT, A COPY OF SAID ASSIGNMENT AGREEMENT BEING 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, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 8798 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 JOE D. MOORE BY GRANTING A SPECIAL COUNCIL PERMIT ON A PORTION OF LOT 4, SECTION 2, BOHEMIAN COLONY LANDS, HAVING 10 ACRES, PLUS OR MINUS, FRONTING 1100 FEET ON HOLLY ROAD AND 382 FEET ON WEBER ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR APARTMENT HOUSE PROJECT, SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 8799 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 SWEECO, INC., BY GRANTING A SPECIAL COUNCIL PERMIT ON LOTS 31 AND 32, BLOCK 6, MANCHESTER PLACE, FILED OF RECORD IN VOLUME 34, PAGE 5, NUECES COUNTY MAP RECORDS, DATED FEBRUARY 27, 1968, SAID TRACT OR PARCEL OF LAND FORMERLY DESCRIBED AS THE SOUTH 1.412 ACRES OF TRACT 3 OF THE WHELAN PARTITION, FRONTING 290.06 FEET ON INTERSTATE HIGHWAY 37, AND THE SOUTH 0.359 ACRES OF TRACT 3 OF THE WHELAN PARTITION FACING THE FRONTAGE ROAD OF INTERSTATE HIGHWAY 37 AND MANCHESTER AVENUE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FOR OFFICES, SERVICE DEPARTMENT AND WAREHOUSE BUILDING FOR WHOLESALE DISTRIBUTORS OF FIRE AND SAFETY EQUIPMENT, SUBJECT TO ALL THE REGULATIONS OF "I-2" LIGHT INDUSTRIAL DISTRICT, AND FURTHER SUBJECT TO THE SITE PLAN APPROVED BY THE ZONING AND PLANNING DEPARTMENT AND ON FILE Minutes Regular Council Meeting March 13, 1968 Page Il IN THE CITY PLANNING OFFICE; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye°; Sizemore was absent. Mayor Blackmon stated that before the first reading of the ambulance ordinance, inter- ested persons in the audience would be given the opportunity to speak. Mr. Charles Jackson of Clifford Jackson Funeral Home, appeared and stated he was opposed to the language of the ordinance and that the increased requirements without financial help will shut down emergency ambulance service entirely; pointed out that so far as the mis- demeanor charge against non-payment,that most of the problem arises from persons who could not pay the fine and who do not mind going to jail, and that the medically indigent should be taken care of. Mr. William Anderson, attorney representing Ross Langham Mortuary, stated his client has all the objections he had when the ordinance was proposed last fall, and stated he would attend the meeting set for next Monday and would outline them in detail. Dr. W. R. Metzger, City -County Health Officer, introduced four doctors of the Nueces County Magical Society, who spoke in favor of the ordinance in its present form. The doctors were: Drs. Jack Giles, member of the National Trauma Committee; Dr. W. R. Hubler, State Auto Transportation Committee; Dr. James Le Barnard, former Councilman and Member of the State Regional Planning Committee; and Dr. Roger Johnson. Each of these speaking infavor of the ordinance, stated that the private ambulance operators render a needed service and are en- titled to financial assistance; stated that emergency transportation is a problem that needs im- mediate,attention; that ambulance equipment that would be required is much inline with standards established by the Committee on Trauma of the American College of Surgeons; and that a regulatory ordinance is inevitable through state legislation which will be required to qualify the state for certain federal funds, Mayor Blackmon stated it was the intent of the Council to improve and alleviate the Minutes Regular Council Meeting March 13, 1968 Page 12 problems of the ambulance operators, and that they had acted in good faith when the ordinance was authorized. City Manager Townsend stated that he plans, through administrative order, to immediately establish an ambulance zone in the western part of the City since everyone agrees it is needed. Following a brief recess, Mayor Blackmon reconvened the meeting, directed that it be noted that the Council was all present with the exception of Mayor Pro Tem Sizemore, and announced the Council would now hold the public hearing scheduled for 3:00 p.m. on assess- ments for the proposed sidewalk improvements identified as "sidewalk Improvements, Unit IY", on portions of Carroll Lane, McArdle Road, Nueces Bay Boulevard, Sonora Street, Ruth Street, 14th Street, Fairview Drive, Buford, Comanche, Colonial Court, Guatemozin, Hidalgo, Williams Drive, Belton, and Horne Road; explained the procedure to be followed, and stated 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 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 Assess- ment Roll, and that the hearing was to form a basis on which the Council, acting as a legis- lative body, would determine or establish the assessments on the abutting properties. Mr. James K. Lontos, City Engineer pointed out on a map the location of the proposed sidewalks, presented the plans for the improvements and the Preliminary Assessment Roll; testi- fied as to his responsibilities as City Engineer; testified as to the nature, extent, and specifi- cations of the proposed improvements; stated that the total contract price is $54,878.70; that the revised figure for total assessments is $30,545.34, and revised figure for total cost to the City is $24,333.36. Mr. Lontos explained the manner in which such pro rata share was com- puted, and explained that the rate of assessment was based on the low bid submitted. Mr. Bill Roberts testified as to his back ground 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; Minutes Regular Council Meeting March 13, 1968 Page 13 that he had personally viewed within the past week the preliminary assessment roll and each of the properties to be improved and 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. Property owners in the audience were given the opportunity to question Mr. Lontos and Mr. Roberts as to specifications, and property values on which the assessments were based. The following property owners, or representatives, appeared to seek information and to oppose or approve the assessments on their respective properties: Item #206: A. J. Neff - Mr. J. B. Trimble, attomey, appeared representing Mrs. A. J. Neff, and stated his client was opposed to the assessments on the basis that the property is vacant and that no enhancement would be realized. Item 16h Mr. H. E. Anderson stated he was opposed to the construction of sidewalks and on the assessments for the reason that his property is vacant and unproductive, and that there would be no enhancement in value. Item /57: Ruth M. McKee, stated she objected to the timing of the project, stating that she felt the curbs and gutters should be installed before the sidewalks, and that the improvements should have more continuity. Item #26: Margaret E. Perrenot stated that she was not opposed to the proposed sidewalks, but that she felt the property owners would be more receptive to the project if the whole street, complete with curbs and gutters, were improved. Item #21: W. H. Eldridge stated he did not oppose the sidewalks but that he felt the pro- ject should also include paving with curbs and gutters. Item #69: Kethlene G. Crosby - Mr. M. Rackley appeared and stated that he had pur- chased this property and asked that the name be changed on the assessment roll to show him as the owner. He stated he did not oppose the improvements. Item +t29: Mrs. Thomas E. Maddings stated she was not objecting to the proposed im- provements, but felt the street should be paved with curbs and gutters before construction of side- walks. Item #30: Mr. Fritz Nelson concurred in previous statements that the entire street should be improved with curbs and gutters. Minutes Regular Council Meeting March.13, 1968 Page 14 Item #28: Mrs. George Priestly stated she had bought tile and had it installed in the ditch in front of her property, and inquired if the tile would be disturbed as a result of the pro- posed improvements. Mr. Lontos assured Mrs. Priestly that her tile would not be disturbed. Item #96: Mr. Frank Sacky appeared and stated he was definitely opposed to the im- provements on the basis that his property is unimproved, that there is no back entrance, and that in his opinion, the property will not be enhanced in value. Item #229: Mr. C. M. McMasters stated he was opposed to the sidewalks for the reason that there is no pedestrian traffic on this street; that he would loose a valuable tree, and that he felt the property would not be enhanced. Item #220: D. Woods stated he was not objecting to the proposed sidewalks, but did ob- ject to the location of them which would leave a space between the +curkiline and the side- walk, and that he preferred to have the sidewalk constructed next to the curb. Item #22I: Louis Schmidt - City Manager Townsend stated that Mr. Schmidt had sub- mitted an appraisal of this property purporting to show the property would not be enhanced; Mr. Townsend referred to a memorandum dated March 8, 1968, in which the Traffic Engineer out- lined basic reasons for sidewalk construction on the south side of Home Road between Ayers Street and Kostoryz. Item #I35: Mrs. W. M. Morgan stated she is opposing the sidewalk improvements on the side street on thebasis that there is no way of entering the lot except from the front, that there is no back entrance, and that she felt the property would not be enhanced. Item #210: Mrs. Frank Marabel stated she does not oppose the. proposed sidewalks nor the assessments, but pointed out the hazards of the existing deep ditches. item #224: Mrs. Wayne T. Bird stated she was opposed to the assessments and the side- walks, stating that she could not see a need for them since they were primarily for school chil- dren and that childrenliving on the south side of Home Road do not have to cross Home Road to get to school. She stated she would like to preserve the hedge bordering her property if possi- ble. Minutes Regular Council Meeting March 13, 1968 Page 15 Item #223: Mary Rendl - Mrs. Bird spoke on behalf of Mrs. Rose Tichaysky, 4202 Cambridge, and stated Mrs. Tichaysky was a cripple and could not possibly use the sidewalks, and that it would be very difficult for her to pay for the assessments. Item x'190: Charles Slonaker appeared and stated he approved of the proposed sidewalks and did not object to the assessments, but requested that something be done about the 8 -foot ditch along this road. Item #207: Central Assembly of God Church - A representative of the Church stated that the members of the church are in favor of the proposed improvements, but that they would all like to have the street improved complete with curbs and gutters; and further stated that there are existing sidewalks in front of the property which are in good condition and requested credit for these sidewalks. Mr. Norwood Thames, Jr., 1645 Sprucewood, stated he was opposed to the proposed im- provements on the basis that there are very few school children in this neighborhood. Mr. Thames' main complaint was the condition of the drainage ditch along this road, and suggested that the City maintain the Williams Ditch. A resident of Belton Street appeared and made reference to a petition previously filed with the Council requesting that the improvements be extended to include both sides of Belton Street including paving of the street. No one else appeared to speak in connection with the foregoing sidewalk assessments. Motion by McDaniel, seconded by Roberts and passed, that the hearing be closed. There being no further business to come before the Council, the meeting was adjourned.