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HomeMy WebLinkAboutMinutes City Council - 08/07/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 7, 1968 2:00 P.M. PRESENT: Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Ronnie Sizemore called the meeting to order. The Invocation was given by The Reverend Frank L. Moore, Pastor of Parkdale Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bradley, seconded by Lozano and passed, that the absence of Mayor Blackmon be excused for cause. The Minutes of the Regular Council Meeting of July 31, 1968, were approved as fumished to the Council. Mayor Pro Tem Sizemore read and presented proclamations relative to the following: WATER UTILITY WEEK, the week of August 11 through 17, as a period during which special attention will be focused on the water utilities of the United States and Canada, sponsored by the American Water Works Association, and received by Mr. Atlee Cunningham, Superintendent of the Corpus Christi Water Department; SOUTH TEXAS LEADERSHIP DAY, August 9, 1968, on which San Antonio World's Fair officials have invited South Texas to participate in the HemisFair activities honoring South Texas. Mayor Pro Tem Sizemore announced the opening of bids. Bids were opened and read on alterations to the First Floor of the City Hall from the following firms: Rome Construction Company; Tanner Freeman; and B. E. Beecroft 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 Pro Tem Sizemore gave special recognition to Miss Ernestine Jackson, reared and educated in this City, and currently starring in the Broadway Play "Hello Dolly". She also was presented with a symbolic "Key to the City" as a reminder that she is always Minutes Regular Council Meeting August 7, 1968 Page 2 welcome back home. Also present was her mother, Mrs. Edna Mathis. Mayor Pro Tem Sizemore presented a Certificate of Attendance to Steve Carter of Boy Scout Troop 10, Boy Scouts of America, who was present in the interest of furthering his education in governmental affairs as part of his work in Scouting. Mayor Pro Tem Sizemore called for petitions or information from the audience as scheduled on the agenda. A delegation of downtown business men, including Mr. Dwight Walker of FedwayDepartment Store, Mr. Delane Shofner of Cardinals, and Mr. Dittman of Rose Cleaners, headed by Mr. Grant Joos of Joos Shoes, appeared and presented the Council with a petition containing 108 signatures of representatives of downtown businesses, requesting that all parking meters be removed from the downtown area for a six-month trial period and that the removal be made permanent if the trial period is successful. Mr. Joos stated that meters have been removed in other comparable cities in the State and that both merchants and customers had benefited from the action. (Petition 015-68) City Manager Townsend requested that he be allowed time to prepare a detailed report on all aspects of the petition before the Council takes any action. Fle stated that the cost of enforcing parking regulations would have to bebomeby the City, and that revenue from the parking meters does help pay some of the costs. Motion by Bradley, seconded by Roberts and passed, that the proposal to remove parking meters from the downtown area be tabled for further consideration pending an investi- gation and report from the City Manager. Mr. Clifford C. Cosgrove who had requested a place on the agenda relative to (1) installation of Street Lights in Olsen Addition and (2) why the City Council has failed to go ahead with the Baldwin and South Staples Street Intersection as promised in the Bond Election, did not appear, and in his absence Mr. W. E. Nobles, 1018 York Street appeared and asked for a report on the foregoing matters. City Manager Townsend stated the Staff had attempted to contact Mr. Cosgrove to report that no problem exists since it is an established policy that lights be installed on extra long blocks upon request of residents; and stated that City Engineers are now working on Minutes Regular Council Meeting August 7, 1968 Page 3 the actual plans for Street Improvements on Baldwin and South Staples and should be finalized within three or four months. He stated that an order had been issued to eliminate overgrown weeds complained of. Mayor Pro Tem Sizemore announced the appointment to the Bay Drilling Committee. Motion by Roberts, seconded by Lozano and passed, that the appointment of Mr. B. F. Cover, to succeed C. D. Zlomke, on the Bay Drilling Committee be approved and confirmed. City Manager Townsend presented the following pending zoning applications: Application of Mr. Harry R. Bamesberger, for change of zoning on Lots 19, 20, and 21, Block 24, Del Mar Addition, on which a public hearing was held June 17, 1968, closed on July 3, 1968, and further tabled pending.further recessed pending further information/relative to a proposal that the applicant deviate frorllformation the original Master Traffic Plan for the Six Points Area. Motion by Roberts, seconded by Bradley and passed, that Application #568-6, Mr. Harry R. Bamesberger, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Lots 19,20, and 21, Block 24, Del Mar Addition, be granted and that an ordinance be brought forward effectuating the change. Application of W. S. Marshall, for change of zoning on a 45.59 acre tract out of Lot 7, Section 4, Bohemian Colony Lands, on which a public hearing was held on December 18, 1961: Mr. Townsend stated the Staff has contacted the applicant's agent and found that Mr. Marshall is now living in San Antonio and does not wish to plat the pro- perty at this time, and that it is recommended that the request be denied. Motion by Bradley, seconded by Roberts and passed, thatApplication #1061-9, W. S. Marshall, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on a 45.59 acre tract out of Lot 7, Section 4, Bohemian Colony Lands, be denied, as recommended by the Staff. Application of Mr. J. W. Farley for Apartment House zoning on a tract of land on Lot 1, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, on which a public hearing was held July 3, 1963: Mr. Townsend stated that the Staff had investigated and learned that Minutes Regular Council Meeting August 7, 1968 Page 4 this property has changed hands, and that Mr. Augustus L. Jones of Laredo, Texas, is now the owner; that the property across the street from the subject property has since been zoned "A-2" and "A-1"; that the request is now in keeping with the general character of the area; that the condition that the land must be replotted seems no longer practical, and that it is his recommendation that the application be approved. Motion by Bradley, seconded by Roberts and passed, that the recommendation of the City Manager be concurred in and that Application #563-5, J. W. Farley, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on an unplatted 2-1/2 acre tract of Lot 1, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, be approved, that a plat not be required, and that an ordinance be brought forward effectuating the change. Application of Mr. Lowell W. Benefield, for change of zoning at McArdle and Everhart, in Oso Farm Tracts, on which a public hearing was held March 31, 1965: Mr. Town- send explained that since the application was made, the owner has changed hands, and the present owner, Mr. B. A. Carter, applied for "AB" zoning, which was granted by Ordinance #8760 on February 14, 1968, and that the Staff recommends that the application be denied to finalize the request. Motion by Roberts, seconded by Bradley and passed, that the recommendation of the Staff be concurred in and that Application #365-3, Lowell W. Benefield, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District and "A-1" Apartment House District, on the Southwest comer of McArdle Road and Everhart Road and a portion of Lot 2, Oso Farm Tracts, being also known as a portion of Block 2, Gray Village #2, be denied. Application of J. R. McFarland, et al, for change of zoning in Block 3, Arcadia Subdivision, on which a public hearing was held September 15, 1965: Mr. Townsend explained that this property is located in an area which needs further study before any definite action is taken, and since there are several property owners involved, a joint agreement would be required before the property could be developed, and stated that the Staff recommends that the request be denied. Minutes Regular Council Meeting August 7, 1968 Page 5 Motion by McDaniel, seconded by Roberts, with Jimenez voting "Nay", that Application #865-2, J. R. McFarland, et al, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District, on all of Lots 2 thru 10 and the eastern portions of Lots 11 and 12, Block 3, Arcadia Subdivision, located between Florida Avenue and South Staples, fronting approximately 800 feet along South Staples Street, be denied as recommended by the Staff. Mayor Pro Tem Sizemore announced the public hearing on the closing of portions of an easement and right of way on South Staples Street in Gardendale Addition. City Manager Townsend presented the proposal and explained that it had been initiated by the Gardendale Baptist Church. He pointed out the location of the subject pro- perty on a map; explained proposed transition of right of way lines for South Staples Street relative to the subject request; stated that the Gardendale Baptist Church wishes to replat their property and in so doing, the five-foot easement along the south boundary of Lot 9 and along the north boundary of Lots 10 and 11, Block 10, Gardendale Addition, Unit 1, revert back to the abutting property owners; also that a ten foot strip of land along the west right of way line of South Staples Street, which also abuts the east property line of Gardendale Subdivision Annex A, be abandoned. Mr. Townsend stated the owners are aware of the utility line located in the right of way, and have been advised of the cost of its relocation; stated that the affected City Departments have been consulted and that no objections have been interposed providing the expense of the rerouting of the gas line is borne by the owners, and recommended that the request be granted since the dedication to the east is 60' and, the additional 40' to the west would provide the 100 feet of right of way called for in the Master Transportation Plan for South Staples Street. The Pastor of the Gardendale Baptist Church was present in support of the request and urged the Council's approval. Mr. J. L. Etheridge, 5525 South Staples Street, asked for clarification of the description of the property proposed to be abandoned. It was later determined that Mr. Etheridge was confused as to the exact location of the property and that the closing would not in any way affect his property. r Minutes Regular Council Meeting August 7, P68 Page 6 No one else appeared in connection with the foregoing request. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that the recommendation of the City Manager be concurred in and that the five-foot easement along the south boundary of Lot 9 and along the north boundary of Lots 10 and 11, Block 10, Gardendale Addition, Unit 1, and the ten -foot strip of land along the west right of way line of South Staples Street which also abuts the east property line of Gardendale Subdivision Annex A, be abandoned as requested, and that an ordinance be brought forward effectuating the abandonment subject to the relocation of the existing utility line at owners expense and the replotting of the pro- perty providing a new right of way line for South Staples. Mayor Pro Tem Sizemore called for the City Manager's Reports. Motion by Bradley, seconded by Lozano and passed, with Jimenez voting "Nay" on Item "1" relative to the amendment to the Platting Ordinance, be accepted, and that the recommendations and requests be approved and granted as follows: a. That the award of bid on Two Prefabricated Sheet Metal Buildings, to be located at North Frontage Road Interstate 37 and Guth Street, be made to PECO Construction Company on the basis of low bid meeting specifications in the amount of $6,563.00; (Bid Tabulation #39-68) b. That the bid award on One Speed Merchant Model Printasign Machine with stand and standard typecase of 222 characters, or less, be made to Reynolds Printasign Company on the basis of low bid meeting specifications and the only bid submitted, in the amount of $5,102.37; c. That the award of contract for the H. E. Butt Tennis Center repairs to Batteries "A" and "B", be granted to Casey and Glass on the basis of the only bid received in the amount of $28,853.10, and that a total sum of $30,000 be appropriated from budgeted funds in the Park & Recreation Athletic Activity No. 4133 to cover cost of contract and contingencies; Minutes Regular Council Meeting August 7, 1968 Page 7 d. That the sum of $9,487.26 be appropriated from various Bond Funds for expenses in connection with the sale of $2,500,000 General Improvement Bonds, Series 1968, on June 11, 1968, be authorized; e. That the Tax Error and Correction List for December 1, 1967, through February 29, 1968, which reduces the 1967 levy by $4,241, and prior levies by $2,832, be approved; f. That an agreement with the Nueces Electric Cooperative, Inc., in which the City will reimburse the Cooperative for relocating Power lines, estimated to cost $1,702.09, required in connection with the Everhart Road Improvements, Holly Road to be Padre Island Drive,/approved, and that an appropriation in this amount to cover relocation costs, be authorized; g. That an agreement between the City and the Office of Civil Defense, Procurement Division, for the publication and distribution of Television materials and printed matter pertaining to Civil Defense, be authorized; h. That the authority to amend the City Code to require abandoned vehicles to be held for a period of 45 days rather than 4 months before being disposed of by the Police Division at public auction, be granted; i. That the authority to amend the Platting Ordinance, being Ordinance No. 4168, establishing a policy for City participation in the cost of bridges over drainageways, be granted; j. That Mr. Curtiss Whittington be employed as the expert witness for the Up River Road Special Assessment Hearing, to be held on August 14, 1968; k. That the authority to enter into an agreement with Allright Corpus Christi, Inc., whereby the City will lease 34 parking spaces nearest the Sparks Building located at the comer of Lower Broadway and Lawrence Street, for a term of 56 months beginning on August 1, 1968, and terminating March 31, 1973, for a consideration of $170.00 per month, be granted; Minutes Regular Council Meeting August 7, 1968 Page 8 I. That the Doane Agricultural Service and Mr. Charles Lewis be authorized on a per diem basis for assistance to the Bureau of Reclamation in updating and verifying land values at the Lower Reservoir Site; m. That the paving notice in connection with street improvements on Bobalo Street, from Dorothy Drive to Francis Street, where no paving was done, be released on the following described properties: The North 30' of Lot 1 and all of Lots 2 through 21, inclusive, Block 7, Koolside Addition; n. That the authority to finalize the purchase of the 90.75 acre sanitary land fill site from the Pope Estate for a revised cost of $86,232, be granted; o. That the acquisition of a strip of land 20' wide and 1300' long out of Lot 12, Section D, Paisley Subdivision of the Hoffman Tract, for right of way for sidewalk improve- ments for Garcia Elementary School on Greenwood Drive, by proper conveyance from Juan A. Gonzalez Estate, be authorized, and that an appropriation in the amount of $2,860.06 to cover cost of acquisition, be approved. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT, LEASING TO THE SAID TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT A TRACT OFAPPROXIMATELY 9.55 ACRES OF LAND IN WEST GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A SCHOOL RECREATIONAL AND PARKING AREA, A COPY OF WHICH AGREEMENT 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: Sizemore, Bradley, Jimerz, Lozano, McDaniel, and Roberts, present and voting "Aye"; Blackmon was absent. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168 (GENERALLY REFERRED TO AS THE PLATTING ORDINANCE), AS AMENDED, BY ADDING A PARAGRAPH DESIGNATED AS PARAGRAPH 16 UNDER SUBSECTION "A" OF SECTION IV, WHICH NEW PARAGRAPH WOULD ESTABLISH A POLICY CONCERNING BRIDGE CONSTRUCTION PERTAINING TO SUBDIVISION LAYOUTS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bradley, Lozano, McDaniel, and Roberts, present and voting "Aye"; Jimenez present and voting "Nay"; Blackmon was absent. Minutes Regular Council Meeting August 7, 1968 Page 9 ORDINANCE NO. 8959 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A LEASE AGREEMENT WITH THE GULF COAST HUMANE SOCIETY, INC., WHEREBY THE CITY WILL LEASE FROM THE SAID GULF COAST HUMANE SOCIETY, INC., A ONE-STORY BUILDING LOCATED AT 1111 NAVIGATION BalEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8960 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CASEY AND GLASS, INC., FOR CONSTRUCTION CONSISTING OF REPAIRS FOR THE H. E. B. TENNIS CENTER COURTS; APPROPRIATING AND REAPPROPRIATING OUT OF FUNDS CURRENTLY BUDGETED IN PARK AND RECREATION ATHLETIC ACTIVITY, NO. 4133, THE SUM OF $30,000, OF WHICH $28,853.10 IS FOR THE CONSTRUCTION CON- TRACT AND $1,146.90 IS FOR 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8961 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE NUECES ELECTRIC COOPERATIVE, INC., IN WHICH THE CITY WILL REIMBURSE THE COOPERATIVE FOR RELOCATING POWER LINES, ESTIMATED TO COST $1,702.09, AS REQUIRED IN CON- NECTION WITH THE EVERHART ROAD IMPROVEMENTS, HOLLY ROAD TO PADRE ISLAND DRIVE, PROJECT NO. 220-67-89; APPROPRIATING OUT OF NO. 220 STREET BOND FUND, THE SUM OF $1,702.09 FOR REIMBURSEMENT OF SAID RELOCATION COSTS; 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8962 AMENDING SECTION 33-1 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, TO PERMIT THE SALE OF ABANDONED MOTOR VEHICLES AFTER BEING HELD FOR FORTY-FIVE (45) DAYS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 7, 1968 Page 10 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8963 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH ALLRIGHT CORPUS CHRISTI, INC., WHEREBY THE CITY WILL LEASE FROM SAID ALLRIGHT CORPUS CHRISTI, INC., 34 PARKING SPACES NEAREST THE SPARKS BUILDING, WHICH BUILDING IS LOCATED AT THE CORNER OF LOWER BROADWAY AND LAWRENCE STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID PARKING SPACE LEASE TO BE FOR A TERM OF FIFTY-SIX (56) MONTHS, COMMENCING ON AUGUST 1, 1968, AND TERMINATING ON MARCH 31, 1973, FOR A CONSIDERATION OF $170.00 PER.MONTH, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8964 DECLARING TERMINATION OF THE INTENT TO ASSESS CERTAIN PROPERTY IN CON- NECTION WITH STREET IMPROVEMENTS TO BOBALO STREET, FROM DOROTHY DRIVE TO FRANCIS STREET, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 26, 1963, BY ORDINANCE NO. 6939, AND THE NOTICE OF THE CITY SECRETARY FILED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, ON JUNE 26, 1963, IN VOLUME 871, PAGE 280, DEED OF TRUST RECORDS, AND VOLUME 1006, PAGE 368, DEED RECORDS OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL RELEASE OF THE FOLLOWING DESCRIBED PROPERTIES: The North 30 feet of Lot 1 and all of Lots 2 through 21, inclusive, Block 7, Koolside Addition, an addition to the City of Corpus Christi, Nueces County, Texas; 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8965 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 I. H. SAENZ, BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE OPERATION OF THE EXISTING BEAUTY SHOP, SITUATED ON LOT 11, BLOCK 1, LOMA Minutes Regular Council Meeting August 7, 1968 Page 11 ALTA SUBDIVISION, AN 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 P :le was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8966 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. 61106, AS AMENDED, UPON APPLICATION OF MARY SPISAK MOSES, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THAT PORTION OF THE MAY TRACT LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF HAYWARD DRIVE AND SOUTH STAPLES, AS MORE FULLY DESCRIBED HEREINAFTER, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8967 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT BETWEEN THE CITY AND THE OFFICE OF CIVIL DEFENSE, PROCUREMENT DIVISION, FOR THE PUBLICATION AND DISTRIBUTION OF TELEVISION MATERIALS AND PRINTED MATTER PERTAINING TO CIVIL DEFENSE, A COPY OF WHICH AGREEMENT 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8968 APPROPRIATING THE SUM OF $9,487.26 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CONNECTION WITH THE SALE OF $2,500,000 GENERAL IMPROVEMENT BONDS, SERIES 1968 ON JUNE 11, 1968; 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, all present and voting "Aye"; Blackmon was absent. Minutes Regular Council Meeting August 7, 1968 Page 12 ORDINANCE NO. 8969 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, SUPPLEMENTAL AGREEMENTS WITH THE STATE OF TEXAS, FOR AND ON BEHALF OF THE TEXAS HIGHWAY DEPARTMENT, COVERING ROADWAY ILLUMINATION SYSTEMS ON I.H. 37 AND S.H. 286 FOR THE PURPOSE OF ILLUMINATING SIGNS IN CONNECTION WITH THE ILLUMINATION OF THE ROADWAYS, COPIES OF WHICH SUPPLEMENTAL AGREEMENT, IDENTIFIED AS TO PROJECTS "A", "B", AND "C", ARE 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8970 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $2,860.06, FOR THE ACQUISITION OF RIGHT OF WAY TO SERVE THE NEW ELEMENTARY SCHOOL ON GREENWOOD DRIVE, APPLICABLE TO NO. 220-64-64 MINOR STREET RIGHT OF WAY; AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE THE AFORESAID RIGHT OF WAY FROM THE JUAN A. GONZALEZ ESTATE BY PROPER CONVEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRU- MENTS AS MAY BE NECESSARY; 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, all present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 8971 APPROPRIATING AND REAPPROPRIATING $86,668.20 FROM FUNDS BUDGETED IN REFUSE DISPOSAL, ACTIVITY NO, 3554, CODE 501, OF WHICH AMOUNT $86,232.20 IS FOR ACQUISITION OF THE LAND AND $436.00 IS FOR INCIDENTAL EXPENSES; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNERS, GUARANTY NATIONAL BANK AND TRUST OF CORPUS CHRISTI, TRUSTEE, NUECES COUNTY, TEXAS, AND THE HEIRS OF THE POPE ESTATE; 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, all present and voting "Aye"; Blackmon was absent. Mayor Pro Tem Sizemore announced the scheduled public hearing on proposed paving assessments for street improvements on North Staples Street from Kinney Street to Interstate Highway 37, directed that it be noted that a quorum was present, explained the procedure to be followed, and that Assistant City Attorney Tom McDowell would conduct the hearing. Minutes Regular Council Meeting August 7, 1968 Page 13 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 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. David M. Coover, attorney and counsel for certain property owners present for this hearing, asked if the proceedings would include a complete verbatim transcript of the hearing, and was advised by City Manager Townsend that the quality of the equipment and clerical provisions complies with the requirements usually employed for the taking of minutes of the Council proceedings and the recording of same. James K. Lontos, City Engineer, testified as to his qualifications as an engineer, and presented the plans for the street improvements and the preliminary assessment roll, stating that the roll which is in the hands of members of the Council at this time is a revised assessment roll and not the same as the one which was released to the property owners prior to the hearing; testified as to the nature, extent and specifications of the proposed improvements; stated that the total contract price for the project is $140,066.15 as compared to the total contract price of $113,726.90 in 1963; that the total property owner assessment is $80,976.34, and that the City's portion is $59,089.81; explained the manner in which such pro rata share was computed. Mr. Lontos gave a brief history of the paving project, stating that in 1963 the original proposal was to improve North Staples between Antelope and Kinney; that a public hearing was held and a contract awarded; that the proposed width at that time was 41 feet measured from back of curbs; that it was then the desire of the property owners to have a wider street, and since then a new bond election was held and approved and the new proposed width is 60 feet measured from back of curbs providing for four moving lanes and two parking lanes. Mr. Lontos stated the assessments have been revised since 1963 based on revised prices which are the result of increased quantities and prices of materials needed for the wider street, and that this change order has been submitted to the contractor; stated that in 1963, no credit was allowed for existing curbs and sidewalks because of deterioration, but that it is felt now that some credit should be given inasmuch as some of the facilities are in fair condition. Minutes Regular Council Meeting August 7, 1968 Page 14 Property owners in the audience were given the opportunity to question Mr. Lontos as to the construction aspects of the project. Mr. E. Pena, Mr. H. Sheinberg, Mr. Jessie Pompa, Mr. Frank Sovey, Mr. Ashley Johnson, representing himself and his Mother, Clara Johnson, and Mr. Dave Coover, representing the Frank Cech and J. E. Smothers properties, all questioned Mr. Lontos as to their specific pieces of property regarding width, allowance for existing improvements, loading and parking provisions. Mr. Harold Carr, real estate appraiser and City's expert witness, 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; stated that he had personally viewed the preliminary assessment roll and each of the properties to be assessed, and that he found most all the property being used for industrial and commercial purposes; that some railroad tracts remain at the south end of the project; that the street as a whole is in very poor condition; that the paving is very rough, narrow and broken in many places, and in many instances, no sidewalks, and that the street generally is considered one of the worst commercial streets in the City. He further stated that most of the lots are 150 feet deep, some are 100 feet, and some are 50 or less feet deep, and that he feels the assessment should be reduced when the lots are substantially less than the standard depth in proportion to its depth. He stated 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 certain exceptions, which he stated he would specifically point out during the hearing as each property appeared on the assessment roll, as follows: Item #3, E. Pena - Mr. Pena stated he has good driveways and sidewalks, for which he felt he deserved some credit; stated he did not like the reduced width of the street in front of his property; felt the assessment was too high, and did not feel it would benefit his property because of lack of uniformity in the width of the rest of the street. Minutes Regular Council Meeting August 7, 1968 Page 15 Item #4, Raymundo Longoria - The daughter of Mr. Longoria, deceased, spoke on behalf of her father's estate and stated her objections were identical to those of Mr. Pena; that she felt the cost was excessive, and that she could not see how the proposed improvements could possible benefit this portion of the street. Item #5, H. Sheinberg & Mrs. A. Cohen - Relative to this item, Mr. Carr stated he would recommend an estimated reduction of 70 percent, (using 100 foot lot as a standard basis) on this property based on its 50 -foot depth. Mr. Sheinberg stated he felt his 50 -foot lot was worthless and would not be benefited, but that he would be satisfied if it could be reduced 50 percent. Item #14, Frank Cech, and Item #31, Frank Estate - Mr. Dave Coover spoke on behalf of and as counsel for these two properties. He requested detailed clarification of the assessment roll furnished the property owners and the one being used in this hearing. The revised roll was explained and clarified to Mr. Coover's satisfaction. Mr. Coover engaged Mr. Carr in a lengthy question and answer period in which he attempted to prove that "if a property owner possesses a parking, loading or unloading facility, and by virtue of the new improvements this facility, his right, is taken away from him, will the value of his property be diminished and not enhanced?" He further attempted to prove that the business in question is not the type to warrant sidewalk or walk-in trade of a retail nature; that this street is adequate to conduct this type business and could be operated on any type of street, and on that basis questioned Mr. Carr's statement that the improvements would enhance the value of the property to the extent of the assessment. He asked Mr. Carr to state whether or not he had appraised, as to market value per front foot, each and every piece of property, and Mr. Carr stated that he had examined each piece of property on generalities and not specifics; that he was not engaged to attempt to estimate appraisal values of each piece of property on specifics, but to attempt to estimate the enhancement of each piece of property as a result of the proposed improvements, and that his statement that the subject property would be enhanced to the amount of the assessment was based on the determination that the property is wholly commercial and industrial, has a 300 -foot frontage, and therefore, would receive all the benefits of the proposed improvements; stated that it had been clearly pointed out Minutes Regular Council Meeting August 7, 1968 Page 16 in the hearing that back-up type loading and unloading would not be permitted after these improvements were completed; that some types of businesses should have off-street parking, but that the City has the right to control head -in parking procedures; and that the project only allows driveways of a determined width which is within the Council's power to change. Attorney McDowell objected to the questioning, stating that it had become repetitious; that the matter of "right" is a legal question and does not come within the process of this hearing; that Mr. Carr has been engaged as an appraiser to estimate the amount of the enhancement, and that the issue of property rights as described by Mr. Coover, is not the issue; that the Council has no authority, nor is it attempting to acquire property by this procedure, and that Mr. Coover's hypothetical question should be clarified as to what "right" he is talking about; that it has not been shown in this hearing that a property "right" is being taken. Mr. McDowell pointed out that the City does have the right to limit ingress and egress even when a street is not being improved. City Manager Townsend stated that when the subject street is completed, it is the recommendation of the Staff that the City exercise its police powers not to allow curbs to be cutfor the purpose of providing loading and unloading facilities. Mr. Coover again stated the question, "does the taking of this 'right' diminish the value of the property'?" He stated he is concerned solely with whether or not "this type of improvement, by virtue of its wider width will deny a property owner parking privileges other than parallel parking, and when and if he is stopped, does it diminish the value of his property?" Mr. Carr stated some of Mr. Coover's questions involve eminent domain and that he is not prepared to answer as they are not within the scope of this proceeding. Mr. Carr stated the sidewalks, in general are in poor condition, but possibly some credit should be given; that he would review these further. He stated that there are two driveways, but that one of them is not being used as it is grown up with brush. He pointed out that it is his opinion that this location is an ideal location for Mr. Cech's business, but that the improvements will generally increase the real estate value of the property, and that if he were operating the business, he would prefer to be on a paved street, and that it is still his opinion that the improvements will enhance the property to at least the amount of the assessment. Minutes Regular Council Meeting August 7, 1968 Page 17 Mr. Joe McManus, realtor, 509 North Water, stated he would have to agree with Mr. Carr that the street is in bad condition, and that speaking in generalities, he would agree that the improvements would improve the street, but that it had not been shown just how the improvements would enhance the value of the specific piece of property, on the basis that it has no walk-in trade, that a sizeable portion of the area in front of this business is taken up by a bus stop which makes parking difficult, and that a "right" is being taken from the owner. He stated he has much respect for Mr. Carr's opinion, but stated that he deals in markets every day, and it is his opinion that the majority of the people of Corpus Christi will be greatly benefited, but that these merchants who will be paying for 65 percent of the assess- ment, will not be benefited in that amount; that he feels it might be enhanced as much as $5.00 per front foot, but that the taking away from industrial or commercial property the right to back into his property and Toad or unload, would definitely diminish the value of the property as much as $45.00 per front foot. Attorney McDowell at this point, cross-examined and questioned Mr. McManus as to his qualifications as a real estate appraiser, and as to what he considered maximum use of the property. Mr. McManus stated one of the major benefits for use of the property is the privilege of unloading of trucks, and that the owner will be receiving a limited use if this privilege is taken. Items #20 & 21 & 34, Jack Smothers - Relative to these three properties, Mr. Coover stated that the same arguments apply to the Smothers properties as the Cech pro- perty, and stated that the paving will not enhance the value of the property as this type of business can be successfully carried on on any kind of street. He asked that the records show that the testimony relative to the Cech properties also applies to Item #34, J. E. Smothers. Items #22 & 35, Johnson Lumber Company - Mr. Ashley Johnson, owner and operator of property at Lot 11, Block 1, Mussett Addition, spoke on behalf of himself and his mother, Mrs. Clans Johnson, owner of property described in Item #35. He read a letter signed by Mrs. Johnson, asking that she be given consideration to the fact that she has been previously assessed for paving of North Staples Street, and that she be given credit for this on the new assessment. She alleged that the City has been negligent in keeping this street in Minutes Regular Council Meeting August 7, 1968 Page 18 good repair, and that the responsibility has been shifted to the Railroad Company; stated that she has repeatedly called the City to report the condition, and that other property owners will verify this complaint. With regard to Item #22, Mr. Carr stated that this is a shallow lot, and on that basis he would recommend that the assessment be reduced 52.47 percent of the amount shown on the assessment roll. He stated that Mr. Johnson's property, listed as Item #35, the depth will average about 100' in depth, and that he does not recommend an adjustment on this tract, that he feels the property will realize the full benefit. City Manager Townsend stated that to his knowledge the City has never given credit for prior paving assessments. Item #26, Sheinberg & Cohen Company - Mr. Sheinberg questioned as to why the assessments were the same on the narrow portion of the street as on the wider portion, and stated that he is voicing his opposition to the amount of the assessment on that basis. Mr. Carr stated that due to the shallowness of this lot he is recommending that a reduction in the amount of 30 percent be allowed. Item #28, Jessie G. and J. M. Pompa - Mr. Pompa stated he did not object to the amount of the assessment, but stated that he has good sidewalks, curbs, and two drive- ways, and asked that he be given credit for these improvements. Item #37, W. A. Saunders - Mr. Carr recommended that the amount of this assessment be adjusted to 80 percent rather than the 100 percent shown on the assessment roll. Item #38, Frank Sovey - Mr. Sovey stated that he is not objecting to the amount of the assessment, but that it is his understanding that the paving will be constructed up to his front door; that after the improvements are completed, the canopy will extend out over the street, and is concerned if he would be allowed to keep the canopy; stated that with his type of business of keeping fresh fruits and vegetables, the canopy is essential and without it he might as well close up the place. He further inquired as to how he would be able to get his three trucks over the curb onto his property; that he needs 35 feet of space to back up the trucks for loading and unloading, and that he will be compelled to drive over the sidewalks to get into the property. Minutes Regular Council Meeting August 7, 1968 Page 19 Mr. Lantos explained that parking and access to the properties is going to be one of the basic problems, and that he would be glad to discuss the problem of Mr. Sovey`s canopy and access to the properties at any time after the hearing. Mr. Carr stated that in view of the fact that Mr. Sovey's property k below average depth, there should be a reduction of 72 percent of the figure shown on the assess- ment roll on this property, and that the reduction would apply to all the proposed improve- ments except the driveway. No one else appeared to be heard in connection with the foregoing proposed street improvements. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Mayor Pro Tem Sizemore explained that conflicting opinions had been given by qualified experts, :that the matter will be taken under advisement and all objections and recommended adjustments be given due consideration. There being no further business to come before the Council, the meeting was adjourned.