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HomeMy WebLinkAboutMinutes City Council - 09/09/1968 - SpecialPRESENT: MAYOR JACK R. BLACKMON MAYOR PRO TEM RONNIE SIZEMORE COMMISSIONERS: DICK BRADLEY, JR. DR. P. JIMENEZ, JR. GABE LOZANO, SR. KEN MCDANIEL W. J. ROBERTS MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING SEPTEMBER 9, 1968 CITY MANAGER Re MARVIN TOWNSEND ASST. CITY ATTORNEY THOS. D. MCDOWELL CITY SECRETARY T. RAY KRING MAYOR JACK R. BLACKMON CALLED THE MEETING TO ORDER. CITY SECRETARY T. RAY KRIMG CALLED THE ROLL OF THOSE IN ATTENDANCE. MAYOR BLACKMON ANNOUNCED THE PUBLIC HEARING REGARDING PAVING ASSESSMENTS ON THE PROPOSED STREET IMPROVEMENTS ON OCEAN DRIVE BETWEEN HEWIT DRIVE AND 5951 EAST or AIRLINE ROAD. MAYOR BLACKMON CALLED ON TON MCDOWELL TO BEGIN THE PROCEEDINGS, AND HE REQUESTED JAMES K. LONTOS, THE CITY ENGINEER, TO GIVE AN EXPLANATION OF EACH SEGMENT OF THE IMPROVEMENTS AND THE BASIS FOR THE ASSESSMENT RATES* HE STATED THE TOTAL COST OF THE CONSTRUCTION WAS $1,2110,514.40; THE PROPERTY OWNER'S ASSESSMENT IS $262,933.87; THAT THE CITYIS PORTION IS $985,580.53, AND EXPLAINED THE MANNER IN WHICH SUCH PRO RATA SHARE WAS COMPUTED, HE FURTHER EXPLAINED THAT THE PROJECT ALSO INCLUDES THE CONSTRUCTION OF A CONCRETE SEAWALL ALONG OCEAN DRIVE FROM POENISCH TO SOUTH SHORE DRIVE FOR THE PURPOSE OF CONTROLLING EROSION OF THE ROAD. PROPERTY OWNERS IN THE AUDIENCE WERE GIVEN THE OPPORTUNITY TO QUESTION MR. LANTOS, AT WHICH TIME MR. HOWELL WARD, ATTORNEY REPRESENTING MR. ROBERT C. KIRMSE, ASKED WHETHER THERE WAS ANY DISTINCTION MADE BETWEEN VACANT PROPERTY AND RESIDENTIAL PROPERTY, AND WAS TOLD THAT THERE WAS NOT. MR. WARD QUESTIONED OTHER ASPECTS OF THE PROJECT, AS DID MRS* MARY DAIMWOOD BELL, PAT MORRIS, REPRESENTING Jo Jo TROMM AND HENTON CONSTRUCTION COMPANY, AND DAVE COOVER, ATTORNEY FOR MORRIS Lo LICHTENSTEIN. MR. MCDOWELL CALLED ON MR, HAROLD CARR TO TESTIFY AS THE CITY'S EXPERT WITNESS, AND ASKED PERMISSION FOR HIS STATEMENT OF QUALIFICATIONS TO BE DISPENSED WITH AS MR. CARR HAS APPEARED IN THIS CAPACITY ON NUMEROUS OTHER OCCASIONS AND THE COUNCIL 13 FAMILIAR WITH HIS QUALIFICATIONS AS A REAL ESTATE APPRAISER. MR* CARR TESTIFIED THAT HE HAD PERSONALLY VIEWED AND UNDERSTOOD THE EXTENT AND SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS, AND STATED THAT IN HIS OPINION, AFTER A FEW MINOR ADJUSTMENTS ARE MADE (WHICH ARE STILL TO BE DISCUSSED), THAT EACH AND EVERY PROPERTY WOULD BE ENHANCED IN VALUE AT LEAST TO THE EXTENT OF THE PROPOSED ASSESSMENTS, WITH THE FOLLOW — 1N0 EXCEPTIONS: ITEM #5, Co E. AND DOROTHY STARRETT - THIS ASSESSMENT HAS ALREADY BEEN ELIMINATED* ITEM #68, SEASIDE MEMCHCAL CEMETERY - MR. CARR STATED THEY ALREADY HAVE STANDARD CURB AND GUTTER ANC TWO DRIVEWAYS. HE FURTHER STATED THAT THE PORTION OF PLANTER IS CERTAINLY A STANDARD CURB AND GUTTER AND HE RECOMMENDS CREDIT FOR THIS. ITEM #98, W. Co CUNNINGHAM — THIS PROPERTY HAS STANDARD CURB AND GUTTER IN FRONT OF ABOUT 65 FEET OF IT, SAID MR. CARR, AND THERE 1S A PRIVATE DRIVEWAY, MR. CARR RECOMMENDS CREDIT ON THE PART OF PROPERTY HAVING THE STANDARD CURB AND GUTTER, WHICH IS IN FRONT OF APPROXIMATELY ONE-HALF OF HIS PROPERTY. ITEM #107, MAY DOUGHERTY CARR - THIS PROPERTY HAS STANDARD CURB AND GUTTER IN FRONT OF A PORTION OF IT, WHICH 18 HER HOME SITE, AND NEEDS TO BE MEASURED, ACCORD— ING TO MR• CARR. MR• MARVIN TOWNSEND, CITY MANAGER, STATED IT 1S HIS RECOMMENDATION THAT AS LONG AS THERE IS STANDARD CURB AND GUTTER, REGARDLESS OF ITS LOCATION, THAT MRS. CARR SHOULD RECEIVE CREDIT FOR THIS* MMT.'e"CWARR'r*IROWEDn,SLIDES TO MORE ACCURATELY PORTRAY THE CONDITION OF THE ROAD- WAY AND ABUTTING PROPERTIES AS FAR AS THEIR APPEARANCE 1S CONCERNED AND ALSO A PORTION OF OCEAN DRIVE WHICH HAS ALREADY BEEN IMPROVED. MAYOR BLACKMON STATED HE WOULD CALL THE NAMES OF THE PROPERTY OWNERS AS THEY ARE LISTED ON THE ASSESSMENT ROLL AND INVITED EACH PROPERTY OWNER TO STATE HIS APPROVAL OR OBJECTION TO ANY OF THE PROPOSED IMPROVEMENTS OR ASSESSMENTS TO HIS PROPERTY. THE FOLLOWING PERSONS APPEARED: ITEMJL , C. L. VAN CURA - HE STATED HE HAS STRENUOUS OBJECTIONS TO HIS ASSESSMENT BECAUSE THE CITY TOOK PART OF HIS FRONTAGE AND GAVE A VERY SMALL FEE FOR THE TAKING AND NOW HE 1S BEING CHARGED FOR COMMERCIAL RATES, ALTHOUGH NOT ALL OF THE PROPERTY 1S BEING USED AS SUCH. HE SAID HE CANNOT SEE WHERE THERE 1S ANY ENHANCEMENT TO HIS PROPERTY. MR. VAN CURA STATED HE WANTED TO CALL THE COUNCIL'S ATTENTION TO HIS OBJECTION PREVIOUSLY WITH SPECIAL REFERENCE TO THE USE AND ZONING OF 3221 OR 3223 OCEAN DRIVE, AND THE ASSESSMENT THEREON. ITEM 03, FARRELL SMITH — MR. SMITH STATED HE RESERVES THE RIGHT TO WORK OUT WITH THE RIGHT-OF-WAY DEPARTMENT THE EXACT DISTANCES BECAUSE IT SHOWS ON ITEM #9 A LOT WHICH HE OWNS A PART OF AND THIS COULD IN EFFECT INCREASE HIS ASSESSMENT. HE SAID HE HAD MADE A PRELIMINARY MEASUREMENT AND HE WOULD LIKE TO CHECK IT OUT AND SUBMIT IT AS EVIDENCE. SECONDLY, MR. SMITH BROUGHT UP THE SUBJECT OF AN ORDINANCE PROVISION:.CON- CERNING PROPERTY WHICH BACKS OR SIDES ONTO A STREET* HE HAS A MIXTURE OF ABOUT FIVE OR SIX OUT OF THREE DIFFERENT SUBDIVISIONS WHERE TNEY COME TOGETHER AND PART OF THIS PROPERTY BACKS ONTO OCEAN DRIVE AND AT THAT POINT THE CITY OWNS A CONSIDERADLE PORTION FOR A UTILITY EASEMENT. MR. SMITH STATED MIS HOME FRONTS ON MAVIS DRIVE, THAT THE CITY HAS EASEMENTS FOR WATER, GAS, ETC., WHICH GO THROUGH THERE AND ALSO PREVENT ANY CONSTRUCTION. HE FURTHER STATED HE HAS NOTHING ABUTTING OCEAN DRIVE WHERE HE NOW LIVES. ITEM #23, MARY DAIMWOOD BELL - WHEN SINCLAIR WAS PAVED SHE HAD TO PAY FOR CURBING AND SHE INQUIRED AS TO WHETHER OR NOT SHE WOULD GET ANY CREDIT FOR THIS FORMER ASSESSMENT* MR. CARR STATED HE WOULD CHECK THIS OUT. MAYOR BLACKMON SAID THAT SHE SHOULD HAVE CREDIT WHETHER OR NOT THE CURBING IS USEABLE AT THIS TIME OR NOT. ITEM #41, J. M. WILSON - HE REQUESTED AN OPENING ACROSS THE MEDIAN IN THE MIDDLE OF THE BLOCK AND THE COUNCIL GAVE ITS APPROVAL FOR SAME. ITEMS #t2, #72, #103, #117, AND #129, FLATO BROS., ET AL - MR. FRED FLATO STATED THAT THEY QUESTION THE ENHANCEMENT VALUE TO ANY OF THEIR PROPERTY AND THAT THE IMPROVEMENT WILL ONLY HELP THE CITY HANDLE TRAFFIC MORE EFFICIENTLY. ITEM #k5, MAY DOUGHERTY CARR - ATTORNEY BILL GRANBERRY, SPEAKING ON BEHALF OF MRS. CARR, CALLED ATTENTION TO THE FACT THAT LOT 1, BLOCK 2, COLE PLACE, WAS SHOWN ON THE ASSESSMENT ROLL, WHEREAS IT PROBABLY WAS INTENDED TO SHOW LOT 1, BLOCK 1, AND THEREFORE NEEDS TO BE INVESTIGATED. ITEM #107, MAY DOUGHERTY CARR - MR. GRANBERRY STATED THAT THIS PROPERTY 1S SUBJECT TO BEING MEASURED FOR CREDIT FOR EXISTING STANDARD CURB AND GUTTER) HE WOULD LIKE TO CHECK THE FRONTAGE ON THESE LOTS. MR. GRANBERRY SAID THAT TECHNICALLY THE HOUSE ACTUALLY FACES THE WATER AND BACKS ONTO OCEAN DRIVE, AND HE WOULD LIKE TO REQUEST AN ADJUSTMENT ON THE ASSESSMENT. ITEMS lI 6, 57A, 74, AND 131, - LORINE E. VOGT & KATHLEEN J. ALEXANDER AND BENJAMIN E. ESHLEMAN, JR. - A SPOKESMAN FOR THE ABOVE NAMED STATED HE WANTS TO GO ON RECORD AS SAYING THE PROPERTY WILL NOT BE ENHANCED TO THE VALUE OF THE ASSESSMENT. ITEM #65, DAVID 0. RUDINE (JAMAICAN APTS.) m MR. CHALMERS, CO-OWNER OF THE JAMAICAN APARTMENTS, OBJECTED TO THE THEORY OF ENHANCEMENT, BUT AGREES THAT CURBS AND GUTTERS MAY ENHANCE, HE SAYS THAT OFTEN BUSINESS IS HARMED BY HEAVY TRAFFIC RATHER THAN ENHANCED. ITE MI.i, SEASIDE MEMORIAL CEMETERY > CREDIT 1S RECOMMENDED FOR EXISTING CURB AND GUTTERS, ITEM #69, ROBERT C. KIRMSE a HOWELL WARD, ATTORNEY REPRESENTING MR. KIRNSE, STATED THERE 18 DOUBT THAT STREET IMPROVEMENTS WILL ENHANCE THE PROPERTY. MR. CARR SAID THAT HE BELIEVES THAT IT WOULD BE AN ENHANCEMENT AS FAR AS THE SALE OF PROPERTY GOES. ITEM , ROBERT G. LIVINGTON - MR. LIVINGSTON WOULD LIKE TO GO ON RECORD AS OPPOSING THE ASSESSMENT, AS HE FEELS THAT WIDENING OCEAN DRIVE IS NOT GOING TO ENHANCE THE VALUE OF HIS PROPERTY, BUT QUITE THE OPPOSITE, AS ACCESSIBILITY TO OCEAN DRIVE IS GOING TO BE MUCH MORE DIFFICULT THAN AT PRESENT. ITEM #93, D. S. MENDLOWITZ o MR. MENOLOWITZ REQUESTED THE CITY TO EXTEND UTILITIES TO HIS LOT. THE CITY MANAGER ASSURED HIM THAT UTILITIES ARE EXTENDED ACROSS OCEAN DRIVE AT ROPES DRIVE AND THAT As PART OF THE FUTURE DEVELOPMENT OF THAT AREA THE OWNERS WILL BE REQUIRED TO MAKE THE PROPER EXTENSIONS TO THEIR LOTS FROM THESE UTILITIES.., MR. MENDLOWITZ REQUESTED AN ADJUSTMENT ON HIS ASSESSMENT. ITEM #98, W. C. CUNNINGHAM - THIS PROPERTY IS SUBJECT TO MEASUREMENT AND APPROPRIATE CREDIT IF PROPERTY OWNER IS TO RECEIVE CREDIT AS RECOMMENDED BY MR. CARR, ITEM #116, ELEANOR GARRETT o MR. GARRETT QUESTIONED THE AMOUNT OF FOOTAGE, AND SAID HE HAS A CURB AND GUTTER WHICH IS ON CITY PROPERTY BUT IS NOT A STANDARD CITY CURB AND GUTTER. MR, LONTOB, CITY ENGINEER, IS TO GET IN TOUCH WITH HIM CONCERN.. ING THIS. MR. GARRETT 1S 100,E FOR THE STREET IMPROVEMENT OF OCEAN DRIVE. ITEM #118, Da ANTONIO CORRENO, M. D. ® DR. CORRENO STATED HE CANNOT SEE HOW HE I8 GOING TO GAIN MUCH FROM PROPOSED IMPROVEMENTS. HE 1S NOT ENGAGED IN A BUSINESS BUT IS PAYING FOR A BUSINESS ZONING, ALTHOUGH HE IS USING IT FOR MERELY A RESIDENCE, HE STATED. ITEM #119, #120, J. J. TROMM AND MENTON CONSTRUCTION CO. a PAT MORRIS, ATTORNEY FOR THE ABOVE, RAISED THE QUESTION AS TO WHETHER OR NOT ONE KIND OF CURB HAS MORE ENHANCEMENT TNAN ANY OTHER, INASMUCH AS THE PROPERTY IN QUESTION HAS AN EXISTING CURB ALONG THE BOUNDARY LINE ANO PROPERTY LINE. MR. CARR REPLIED THAT UNIFORMITY OF CURBING DOES ENHANCE THE PROPERTIES, MR* CARR SUGGESTED THAT THE EXISTING CURB AND GUTTER BE CHECKED TO SEE WHETHER OR NOT IT CONFORMS TO CITY STANDARDS* MR. TONY TRONM, REAL ESTATE BROKER, DOES NOT BELIEVE THAT THERE COULD BE ANY INCREASE AT ALL IN RENTAL RATES AFTER STREET IMPROVEMENTS, AS THE RIVIERA APART.. MENTS ARE ALMOST 100% OCCCIP.PED AT PRESENT* MR. CARR STATED NE BELIEVES THE PROPERTY WOULD BE ENHANCED TO TME EXTENT OF THE ASSESSMENT AT LEAST* ,ITEM #123, MARCUS LU4 4 MR, LUTZ STATED THAT THEY ARE ASSESSED THE SAME AS THE REGULAR BUSINESS ZONING 4LTNOUGH TNEY DO NOT NAVE BUSINESS ZONING. HE EXPRESSED OPPOSITION TO THE ASSESSMENT FOR HIS PROPERTY. MR. TOM MCDOWELL, ASSISTANT CITY ATTORNEY, SAID THAT'TMERE HAVE BEEN SOME OLD PLATS INVOLVED IN THIS, THE OLD SEASIDE MEMORIAL PLAT, VNICH HAS BEEN REVIEWED BY MR, SINGER, CITY ATTORNEY, AND THE CITY IS AWARE THAT THERE IS A RIGHT of WAY PROBLEM HERE, ITEM #125, BOYD HALL > MRS, HALL SAID SHE WOULD LIKE TO GO ON RECORD AS SAYING THAT SHE OBJECTS TO THE IMPROVEMENTS ON OCEAN DRIVE, OBJECTS TO THE NOON RATE OF INTEREST, AND BELIEVES THERE SHOULD BE A DEFINITE VALUATION OF PROPERTY, ITEM #127, NELLIE F. JONES m MRS. JONES OBJECTED TO THE NOISE WHICH MORE TRAFFIC WILL BRING, AND STATED SHE BELIEVES THAT HER PROPERTY WILL THEREFORE NOT BE ENHANCED BY THE UPCOMING IMPROVEMENT, No ONE ELSE APPEARED TO 8E HEARD IN CONNECTION WITH THE FOREGOING PROPOSED STREET IMPROVEMENTS. MOTION BY BRADLEY, SECONDED BY W. Jo ROBERTS AND PASSED, THAT THE HEARING BE CLOSED. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, THE MEETING WAS ADJOURNED,