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HomeMy WebLinkAboutMinutes City Council - 03/20/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 20, 1968 2:00 P.M. *PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Brad ey, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend City Attorney I. M. Singer Assistant City Attorney Tom McDowell City Secretary T. Ray Kring Mayor Pro Tem Sizemore called the meeting to order in the temporary absence of Mayor Blackmon. The Invocation was given by Commissioner W. J. Roberts. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of March 5; Regular Meeting of March 6; and of the Regular Meeting of March 13, 1968, were approved as submitted to the Council. Mayor Pro Tem Sizemore recognized the Student Council of Wynn Seale Junior High School, and read and presented Certificates of Attendance to: Gloria Montalvo, Oscar Ybanez, Blanche Gonzales, Anna Trevino, LeRoy Leal and Mary Moreno, accompanied by their sponsor, Miss Beatrice Lozano. Mayor Pro Tem Sizemore presented, on behalf of the City Council, a Congratulatory and Commendation Certificate, to Mr. Bill McDonald of KEYS Radio Station, in recognition of his outstanding ability as a news reporter and his recent election as President of the United Press International and Broadcast Association of Texas. Mayor Pro Tem Sizemore announced the recessed public hearing on Application 0268-5, Mr. Jack Davis, but due to the absence of the applicant, it was agreed to defer this until later in the meeting. Mayor Pro Tem Sizemore called for the City Manager's Reports. Motion by Bradley, seconded by Roberts and passed, that the City Manager's Reports be accepted, and that the recommendations and requests be granted and approved as follows: * Arrived prior Public Hearing on street assessments and two pending zoning items - Applications 268-1 and 268-3. Minutes Regular Council Meeting March 20, 1968 Page 2 a. That the authority to advertise for bids on various items of office furniture for the new Police Building to be opened on April 3, 1968, be granted; b. That the authority to advertise for bids for three sewer lines serving property along Padre Island Drive south of Weber, Gulley Trailer Park in Tuloso Circle, and the new elementary school on Greenwood Drive, to be opened on April 10, 1968, be granted; c. That the hearing be officially closed and the award of the contract for Sidewalk Improve- ments, Unit IV, on portions of streets around various schools, be made to Asphalt Paving Company on the basis of the low bid submitted in the amount of $52,814.20, deleting tl brovements on Belton Street and Home Road; d. That the authority to convey to the Memorial Medical Center Property, to the Hospi- tal District, in consideration of the Hospital District's assuming the remaining indebtedness, including interest and fees in the amount of $1,800,348.69, be granted; e. That the Bay Drilling Ordinance be basically amended so as to insure that wells that are not used are plugged and abandoned; add the Director of Public Works and the Petroleum Superintendent as officials authorized to execute releases in cases of well abandonment, and approve permits after approval by the City Council;, allow a holder of a permit to transfer the per- mit to a regular location without City Council approval by the payment of a $50 fee; and pro- vide for a refund of $400 of the $500 fee when the City Council denies a permit, thus, clarifying that there is no refund when a permit is issued but not used; f. That a resolution expressing the City's desire to make application to HUD and to the Regional Planning Commission under Title VII of the Housing Act of 1961, as amended, for a Federal Grant to acquire and develop Open Space for Elgin Park, be approved; g. That the plans and specifications, as prepared by Walter Wilde, for the proposed additions and alterations to the La Retama Library, be officially approved; h. That the authority to amend the Compensation Ordinance to provide that the 42 -month step for firemen and policemen apply to total service; authorize employees of the Health and Welfare Community Action Program component to be compensated according to the State Compen- sation Plan; establish the position of Marina Superintendent; and provide for injury leave for all Minutes Regular Council Meeting March 20, 1968 Page 3 employees; be approved; i. That the application of Coastal States Gas Producing Company to drill Well #I, Peterson Properties, City Drilling Block #1033, at a depth of 11,000' permitting the use of earthen pits for fresh water storage, be granted, but that the request for a variance as to the need of erect- ing fire walls around producing facilities, be denied; j. That the recommendation of the City Insurance Committee and Director of Finance to enter into a contract to the effect that the expiring insurance policies and the expiring Three Year Retrospective Rating Plan D, be replaced with a one-year Guaranteed Cost Plan policy with the Charter Oak Insurance Company, effective April I, 1968, through March 31, 1969, at an esti- mated cost of $219,241 based upon present level of salaries, hazards and number of vehicles, be approved; k. That the proposal submi'fted by Central Power and Light Company for Ocean Drive Street lighting in connection with street improvements from Craig to Hewit Drive, which proposal recommends the use of the break -away standards, be approved; I. That the authority to institute eminent domain proceedings to condemn fee title to certain parcels of land designated as Parcel No. I, Ocean Drive - Alameda Junction to N.A.S. Project, necessary for the improvement of Ocean Drive for public street purposes, be authorized; m. That the authority to accept a deed to all of Blocks U, V, W, Y, Z and 386, Brooklyn or Rincon Addition, from King Ranch, Inc., for use as a public park, subject to the con- ditions (1) that a public park be established within 5 years and (2) that the public park be named in honor of Mrs. Henrietta M. King, be granted; n. That the award of contract for street improvements on Everhart Road from South Padre Island Drive to Holly Road, be made to Heldenfels Brothers on the basis of low bid meeting speci- fications in the amount of $14,157.30, and that an appropriation in the sum of $175,000.00 for construction contract and contingencies, be authorized; o. That the authority to acquire Parcels No. 1 and No. 3-A, from the owners, Paul R. Turnbull, Jaques Simard and M. Harvey Weil, for right of way easement for street and utility purposes for Everhart Road, Padre Island Drive to Holly Road, in the amount of $811.50 covering Regular Council Meeting March 20, 1968 Page 4 cost of acquisition and incidental expenses, be granted; p. That the recommendation of the Airport Advisory Board to employ the Airport Con- sulting firm of Ralph H. Burke, Inc., Chicago Illinois, to make an analysis of the condition of Corpus Christi International Airport for the purpose of updating and planning for the future growth, expansion and development of the Airport through the year 1990, be approved, and that the recom- mendation of the Staff that the cost not exceed $21,900, be concurred in; Motion by Roberts, seconded by Bradley and passed, that the site plan as submitted by C, Raymond Barnes, applicant, in connection with Zoning Application #1267-7, be accepted. ORDINANCE NO. 8800 THIRD 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 I1 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 third time and passed finally by the following vote: Bradley, Jimenez, McDaniel, and Roberts present and voting "Aye"; Lozano present and voting "Nay"; Sizemore disqualified; and Blackmon was absent. ORDINANCE NO. 8801 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A DEED TO ALL OF BLOCKS U, V, W, Y, Z AND 386, BROOKLYN OR RINCON ADDITION TO THE CITY OF CORPUS CHRISTI, OF RECORD IN VOLUME A, PAGE 32, MAP RECORDS OF NUECES COUNTY, TEXAS, FOR USE AS A PUBLIC PARK, SAID CONVEYANCE TO BE FROM KING RANCH, INC., IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE AFORESAID DEED, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8802 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH ASPHALT PAVING COMPANY, FOR CONSTRUCTION OF UNIT IV, SIDEWALKS FOR SCHOOLS, PROJECT NO. 220-67-93; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $60,000.00, OF WHICH AMOUNT $52,814.20 IS FOR THE CONSTRUCTION CONTRACT AND $7,185.80 IS FOR Minutes Regular Council Meeting March 20, 1968 Page 5 CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8803 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CON- STRUCTION OF STREET IMPROVEMENTS ON EVERHART ROAD FROM SOUTH PADRE ISLAND DRIVE TO HOLLY ROAD, PROJECT NO. 220-67-89; APPROPRIATING OUT OF NO. 220 STREET BOND FUNDS THE SUM OF $175,000.00, OF WHICH AMOUNT $160,842.70 IS FOR THE CONSTRUCTION CONTRACT AND $14, 157.30 I5 FOR CONTINGENCIES AND INCI- DENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8804 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNER, SAID CONDEMNATION BEING NECESSARY FOR THE IMPROVEMENT OF OCEAN DRIVE FOR PUBLIC STREET PURPOSES AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO- CEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8805 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 HULEN H. HUNT, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LEXINGTON ;PARK, UNIT 2, BLOCK A, LOTS 1 AND 2, RECORDED IN VOLUME 33, PAGE 48, NUECES COUNTY MAP RECORDS ON NOVEMBER 3, 1967, SAID TRACT OR PARCEL OF LAND FORMERLY KNOWN AS A 6.18 -ACRE TRACT OF LAND BEGINNING AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NILE DRIVE AND SOUTH PADRE ISLAND DRIVE AND EXTENDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SOUTH PADRE ISLAND DRIVE APPROXIMATELY 615.39 FEET AND EXTENDING 492.02 FEET FOR THE MOST DEPTH, LOCATED IN CORPUS CHRISTI, Minutes Regular Council Meeting March 6o, 1968 Page 6 NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" APART- MENT HOUSE DISTRICT; KEEPING IN EFr.EcT ALL O'l'HER 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 votes Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye"; Blackmon absent. FIRST READING OF AN ORDINANCE N0. 8294, AS AMENDED, GENERALLY REFERRED TO AS "I4 BAY DRILLING ORDINANCE", BY AMENDING SUBSECTION 21.9 PERTAINING TO ABANDONMENT; AMENDING SECTIOr 24.1 SO AS TO AUTHORIZE EXECUTION OF RELEASE` BY 'NHP CITY PETROLErJ SUPERINTENDENT OR DIRECTOR OF PUBLIC WORKS AS WELL AS BY THE CITY MANAGER to CASES OF ABANDONMENT OF OIL WELLS; AMENDING SECTION 20.2 BY ADDING THERETO A PROVISION CLARIFYING THE MATTER OF REFUND FOR AN ISSUED PERMIT; ADDING A NEW SECTION TO BE NUMBERED SECTION 21.12, TO PROVIDE FOR A PERMITTEE TO TRANSFER A PERMIT FROM ONE LOCATION TO ANOTHER WITHIN THE BAY AREA UNDER CERTAIN CONDITIONS; AMENDING SECTION 21.8 BY ADDING THE WORDS "OR SUPERINTENDENT" FOLLOWING THE WORDS "CITY MANAGER"; AMENDING SECTION 21.10 BY DELETING THE WORDS "'THROUGH THE CITY MANAGER" IN W'tu, THIRD SENTENCE OF SAID SECTION; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICA- TION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote; Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye"; Blackmon absent. ORDINANCE NO. 8806 AUTHORIZING AND DIRECTING YHR CITY MANAGER TO EXECUTE AND DELIVER WITH NUECES COUNTY A DEED CONVEYING THE MEMORIAL MEDICAL CENTER PROPERTY TO NUECES COUNTY HOSPITAL DISTRICT, A COPY OF WHICH DEED IS ATIACNED HERETO AND MADE A PART HEREOF, FOR AND IN CONSIDERATION OF ASSUMPTION 5YTBE NUECES COUNTY HOSPITAL DISTRICT OF OUTSTANDING BONDED INDEBTEDNESS, TOTALTIC+ $1,800,348.69, AS SET FORTH BEREIN PAYABLE DURING THE PERIOD SEPTEMBER 1, 1967, TO OCTOBER 1, 1983; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, MCDeniel and Roberts, present and voting "Aye"; Blackmon absent. Minutes Regular Council Meeting March 20, 1968 Page 7 ORDINANCE NO. 8807 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $811.50, OF WHICH AMOUNT $750 IS FOR ACQUISITION OF PARCELS NO. 1 AND NO. 3-A, RIGHT-OF-WAY EASEMENT FOR STREET AND UTILITY PURPOSES FOR EVERHART ROAD, PADRE ISLAND DRIVE TO HOLLY ROAD, BEING PROJECT NO. 220-67-89, AND THE SUM OF $61.50 IS FOR INCIDENTAL EXPENSES IN CONNECTION WITH ACQUISITION OF THE AFORESAID PARCELS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CON- TRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR ACQUISITION OF THE AFORESAID RIGHT OF WAY FROM THE OWNERS, PAUL R. TURNBULL, JACQUES SIMARD AND M. HARVEY WEIL; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8808 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE IMPROVEMENT OF EVERHART ROAD, PADRE ISLAND DRIVE TO HOLLY ROAD, FOR PUBLIC STREET PURPOSES AND OTHER MUNICIPAL PURPOSES, AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; ANC/DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8809 AMENDING AN ORDINANCE ENTITLED "ADOPTING AND PROVIDING FOR THE COMPEN- SATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY", BEING ORDINANCE 8127 PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 3, 1966, AS AMENDED, BY AMEND- ING SECTION 2, SUBSECTION (A), PARAGRAPH 2, AND SECTION 2, SUBSECTION (B), PARAGRAPH 5; BY AMENDING SECTION 1, SUBSECTION (B); BY PROVIDING AUTHORITY TO RECOGNIZE PRIOR POLICE LONGEVITY; BY ESTABLISHING CERTAIN POSITIONS; BY PROVIDING AUTHORITY TO RECOGNIZE STATE MERIT SYSTEM COMPENSATION SCHEDULE FOR HEALTH AND WELFARE EMPLOYEES; AMENDING SECTION 10, SUBSECTION (c), PARAGRAPH 4, BY ADDING THERETO PROVISION FOR THE CITY MANAGER TO GRANT DISABILITY LEAVE TO EMPLOYEES INJURED IN THE COURSE OF EMPLOYMENT; PRO- VIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDoniel, and Roberts present and voting "Aye"; Minutes Regular Council Meeting March 20, 1968 Page 8 Blackmon was absent. RESOLUTION NO. 8810 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, FOR A FEDERAL GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND (ELGIN PARK); AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8811 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 RAYMOND C. BARNES, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 55 AND 56, BLOCK 815, PORT ARANSAS CLIFFS, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8812 CLOSING THE PUBLIC HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: 1. Carroll Lane, Gollihar Road to S. Staples Street, East side only; 2. McArdle Road, Everhart Road to Dody Street, South side only; 3. Nueces Bay Boulevard, UpRiver Road to I.H. 37, South side only; 4. Sonora Street, Blake Street to Port Avenue, North side only; 5. Ruth Street, Francesca Street to Harmon Street, North side only; 6. Fourteenth Street, 52 feet north of Elizabeth Street to 450 feet south of McKenzie Street, South side only; 7. Fairview Drive, UpRiver Road to Fairfax Drive, West side only; 8. Buford Street, Brownlee Blvd. to 10th Street, North side only; 9. Comanche, 19th Street to Port Avenue, South side only; 10. Colonial Court, Fairview Drive to Old Robstown Road, North side only; 11. Guatemozin, Morgan Street to Hidalgo Street, East side only; 12. Hidalgo, Guatemozin Street to Balboa Street, South side only; 13. Williams Drive, Nile Drive to Airline Road, North side only; Minutes Regular Council Meeting March 20, 1968 Page 9 14. Horne Road, Kostoryz Road to one-half black east of Greengrove, South side only; FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID LOCATIONS WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVE- MENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, PROVIDING FOR ASSIGNABLE CERTIFICATES, THE MANNER AND TIME OF PAYMENT; AND DECLARING ANI EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon was absent. Mayor Pro Tem Sizemore announced the Council would now consider the pending item of the recessed public hearing in connection with Application #268-5, Mr. Jack Davis (after it having been determined that the applicant had been given sufficient notice of the hearing), 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 Black B, Brooklyn Addition. The hearing was recessed from March 5, 1968, and March 13, in order to allow the applicant the privilege of being present. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the surrounding area; stated that at the Commission hearing held on February 6, 1968, the applicant had appeared on behalf of the request, and stated that he wanted to rebuild his fishing pier on the existing pilings and an accessory concession stand, both of which were destroyed by Hurricane Beulah. Mr. Wenger stated that Assistant City Attorney Tom McDowell had appeared at the Commission hearing and answered questions as to any legal problems involved in this application which might be similar to those of a previous application by Mr. Jim Selsor for a fishing pier on Corpus Christi Beach; stated that Mr. McDowell had explained that Mr. Selsor had a "Fee Title" to land that he had purchased from the Southern Pacific Railroad, which land extended out into the water and was not submerged; that it was upon this property that Mr. Selsor had made his application, and stated that in the case of Mr. Davis, the property in front of the dedicated street is submerged, and that he does not have fee title to the land. Mr. Wenger stated that it had been pointed out at the Commission hearing Minutes Regular Council Meeting March 20, 1968 Page 10 there was a "non -suit" pending involving railroad right-of-way along the front of his trailer park which the railroad deeded to the City when the Nueces Bay Trestle was abandoned; that originally the property had been dedicated for the railroad right-of-way and since it was no longer needed he felt that he should regain ownership of his right-of-way; stated that regarding his property along the bay side, that in 1956 the City had a writ of judgment on that part to do certain things which would stop erosion, and that this is incorporated into the suit, but pointed out that he has the right of ingress and egress to his fishing pier. It was further explained that Mr. Davis had included in his application rezoning of the entire tract for the reason that had he requested zoning for a small portion, he would have had to replat his property, and that he did not wish to go to that expense. Mr. Wenger stated that the Staff reported that nine notices were mailed, one received in favor and none in opposition; that no one had appeared at the hearing in opposition; and that Mr. Davis had stated that a Special Council Permit for a fishing pier 1,000 feet in length with accessory uses in lieu of zoning would be agreeable to him; stated that it was the recommendation of the Zoning and Planning Commission that the request be denied, but in lieu thereof a Special Council Permit be granted for the construction of a 1,000 -foot fishing pier with accessory retail uses subject to being compatible with the Beach Restoration Project, and that the Staff had con- curred in this recommendation, but that it be subject to a site plan for the pier and accessory uses the same as the permit granted on the Jim Selsor application. No one appeared in favor or in opposition to the foregoing request. Motion by Roberts, seconded by Bradley and passed that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the foregoing zoning appli- cation be tabled for further consideration. Mayor Pro Tem Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ray Hostutler, appeared in connection with the City's attempt to acquire a parcel of property which he owns on Staples and Baldwin Boulevard, necessary for the proposed improve- ment of Staples Street, and stated that he is ready to negotiate a transaction. Minutes Regular Council Meeting March 20, 1968 Page 11 City Manager Townsend stated he had been in conference with Mr. Hostutler for the past few days in an attempt to complete the sale, but so far had failed to come with a satis- factory figure. Mayor Pro Tem Sizemore advised Mr. Hostutler that City Manager Townsend has the authority to negotiate the sale; that he should confer further with him and that the Council will receive the report. Following a brief recess, Mayor Blackmon assumed the Chair and reconvened the meet- ing, directed that it be noted that the Council was all 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 Tarleton Street, from Port Avenue to Greenwood Drive; Coleman Street, from 19th Street to Bluntzer; and Mitchell Street, from Santa Fe to Ocean Drive; explained that each member of the Council had been furnished with a preliminary assessment roll; and that Assistant City Attorney Tom McDowell would conduct the public hearing. City Manager Townsend explained that upon the recommendation of the Staff, the Horne Road portion of the improvements had been deleted because of inability to acquire necessary right-of-way, and stated that the residents of this street have been notified by letter. Mr. 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 ap- praiser 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. James K. Lantos, City Engineer, presented the plans for the proposed street im- provements and Preliminary Assessment Roll; testified as to the nature, extent and specifications; stated the total contract price of the improvements is in the amount of $117,807.50; the total assessments to abutting property owners is $67,177.58; and that the total amount of the City's portion is $50,629.92; explained the manner in which such pro rata share was computed, and stated that the assessments were based on the low bid submitted by Asphalt Paving Company. Mr. Lontos described the type of improvements in relation to each street to be improved, and Minutes, Regular Council Meeting March 20, 1968 Page 12 pointed out that the improvements were initiated by voluntary request of the residents, and that the majority have signed petitions requesting the improvements. Mayor Blackmon gave those in the audience an opportunity to question Mr. Lontos as to the specifications and engineering aspects of the project in relation to their individual properties. Mr. Sam Amspoker, 218 Mitchell, filed with the Council a petitign containing the signa- tures of 12 residents on Mitchell Street, requesting that the sidewalks be installed to abut the curb which would eliminate the intervening planting area, and that the curb to be installed be what is generally called an "L" design rather than the roll type curb which would permit cars to park portly on the sidewalk or planting area. Mayor Blackmon received the petition and stated the request would be given further con- si derati on• Mr. Allen Lewis, 233 Mitchell, appeared and inquired as to what additional cost to the property owner if Mitchell Street were made a wider street than the proposed 30 feet. The question arose as to the legality of increasing the assessments without further notice to the property owners, and it was determined that the assessments can be increased without calling another hearing. Dr. Paul M. Gray, 215 Mitchell, stated it is not the desire of the residents that Mitchell Street become a thoroughfare; stated that it was the thought of most of the residents that the street would be a safer street if it were widened, but stated that he doubted if the owners would agree to an increase in the assessment rates. Mayor Blackmon stated that he did not feel it wise, though legal, to raise the assess- ment rates after property owners have been notified otherwise. Mr. McDowell stated that if evaluation testimony is such that maximum rates would be of specipl benefit, based on the higher rate, then another public hearing could possibly be avoided. Mayor Blackmon announced the Council would now consider the pending items which were deferred earlier in the meeting pending his arrival, and announced the matter of Appli- cation #26$-I, Mr. J. H. Mays and Others, for change of zoning from "R-2" Two-family Dwelling District to "B-1" Neighborhood Business District for the construction of a Maverick Market and a service station, on the South 5' of Lots 57, all of Lots 58 through 64 and the Minutes Regular Council Meeting March 20, 1968 Page 13 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 Sizemore, seconded by Jimenez, with McDaniel voting "Aye" and Lozano, Bradley and Roberts voting "Nay" that the recommendation of the Zoning and Planning Commission be concurred in and that the request be denied. Mayor Blackmon declared the motion had failed for lack of sufficient affirmative votes. Motion by Roberts, seconded by Bradley, with Lozano voting "Aye" and Sizemore, Jimenez and McDaniel voting "Nay", that the application be approved as requested. Mayor Blackmon declared the motion had failed for lack of sufficient affirmative votes. Mayor Blackmon declared Application #268-1, Mr. J. H. Mays and Others, had been automatically negated as a result of insufficient votes both for and against on the two foregoing motions, which in effect, sustains the recommendation of the Zoning and Planning Commission that the request be denied. Mayor Blackmon announced the pending item of Application #267-3, Mr. Max F. Dullnig, Jr, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District for retail sales, on Lot 13, Block 1, Lakeview Acres, on which a public hearing was held March 5, 1968, and Palled for a motion for disposition of the matter. Motion by Bradley, seconded by Roberts and passed, with five affirmative votes, that Application #267-3, Mr. Max F. Dullnig, Jr. for chcrge of zoning from "R -1B" one -family Dwelling District to "B-1" Neighborhood Business District for retail sales, on Lot 13, Block 1, Lakeview Acres, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the Assessment hearing would be resumed. Mr. McDowell oal]ed Mr. John A. Erickson to testify as a real estate appraiser. Mr. Erickson testified as to his background and experience which he felt qualified him as an appraiser for all types of properties in this City, and testi- fied that he is generally familiar with the subject properties; that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed within the past week the preliminary assessment roll Minutes Regular Council Meeting March 20, 1968 Page 14 and each of the properties to be assessed; and that in his opinion each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessments, with the exception of the following: Coleman Street, listed on the assessment roll as Items 1 through 61, should be reduced 25 percent of the 80 percent assessed, on the basis that the neighborhood is primarily occupied by senior residents, the homes are of sub -marginal rental type, and that the size and shape of lots are also sub -marginal; that the driveways are presently of shell construction, and that it is his opinion that the sidewalks and driveways would enhance the value of properties on Coleman Street, but that the paving and curb and gutters would be of no benefit. Mr. Erickson stated that Tarleton Street is similar to Coleman except that it has been described as a "collector" street, and that in his opinion, the assessments for sidewalks and driveways will be an enhancement, but that the construction of curbs and gutters will not benefit these residents, and that there should be a 50 percent reduction of the 80 percent assessed, based on the fact that Tarleton Street is classified as a "collector" street. Mr. Lontos asked Mr. Erickson whether or not the reduction as stated above includes curb and gutters or is it for the pavement only, and Mr. Erickson stated that the pavement only should be reduced in accordance with the percentages stated above. Mr. Erickson stated that the homes on Mitchell Street are in the $30,000 price range; stated that the street is in need of repair, is non -conforming in design, and that in his opinion, each of the properties so assessed on Mitchell Street would be enhanced in value at least to the extentof the proposed assessments. Mayor Blackmon asked Mr. Erickson if he were aware that the proposed im- provements on Coleman, Mitchell and Tarleton Streets, were initiated by petitions from the residents expressing their desire and willing,ess to accept the improvements and the cost, to which Mr. Erickson stated he was aware. Mayor Blackmon gave property owners in the audience an opportunity at this time to question Mr. Erickson with regard to property valuations in relation to the assessments on the individual properties. Mr. Andres Elizando, Item #99, stated her property is a corner lot at the intersection of Tarleton and McArthur Street and faces on McArthur Street. She stated she was opposed to the amount of the assessments since her home does not face on the street proposed to be improved., and that she feels she will not be Minutes Regular Council Meeting March 20, 1968 Page 15 benefitted by sidewalks on Tarleton Street. Mr. Lontos explained that Mrs. Elizando's property legally faces on Tarleton Street, and that it is being assessed accordingly. Mr. Victor Wilmot, Item #31, appeared and asked that his address be corrected on the assessment roll to show that he lives at 2621 Coleman Street in- stead of Bluntzer. He stated he has no objection to the proposed improvements or assessments. Mr. McDowell asked Mr. Erickson the question; "save putting in the five- foot sidewalks, would this change his opinion about the enhancement of value of properties abutting Mitchell Street," and Mr. Erickson answered it would not change his opinion. City Manager Townsend stated it would be his recommendation that Mitchell Street not be widened beyond the proposed 31 feet, on the basis that the additional width would increase the overall contract price of the improvements. No one else appeared to be heard in connection with the proposed street improvements. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the matter of assessments on Tarleton, Coleman and Mitchell Streets, be tabled for further con- sideration. There being no further business to come before the Council, the meeting was adjourned.