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HomeMy WebLinkAboutMinutes City Council - 03/19/1969• • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 19, 1969 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 1. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Sizemore called the meeting to order. The Invocation was given by Dr. Harold Branch, Pastor of St. John Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Bradley and passed, that thb absence of Mayor Blackmon be excused for cause. Members of the Flour Bluff Junior High School Student Council were recognized and Certificates of Attendance were presented to Julie Shufford, Rica Spinks, Cindy Car- penter, Mike Parks and Kent Crawford. They were accompanied by their sponsor, Mr. W. W. Odom. A Certificate of Commendation was presented to the Girls Basketball Team of Tuloso-Midway High School, 3rd Place winner of the AAA Division of the Girls State Basketball Tournament; and to the Girls Basketball Team of Calpllen High School, 3rd Place winner of the AA Division. The honors were accepted by representatives of the respective schools. Mayor Pro Tem Sizemore extended, on behalf of the Council congratulations and good wishes for further accomplishments in their daily pursuits. Mayor Pro Tem Sizemore formally welcomed and presented an Honorary Citizenship Certificate to the Honorable Edgardo Briones, recently appointed Mexican Consul of the City, and expressed appreciation to his Government for this appointment. The honor was accepted by Mr. Briones who expressed appreciation and good will. Mr. Frank C. Allen, senior citizen and lifelong resident of the City, was recognized on the occasion of his 88th birthday,and Mayor Pro Tem Sizemore, on behalf of the Council, presented him with a Symbolic Key to the City, and extended congratulations and appreciation in commemoration of this event. • Minutes Regular Council Meeting March 19, 1969 Page 2 Mr. Allen accepted the sentimental gesture with gratitude, commended this Council for doing a fine job with City Government, and stated that the only thing honorable about this occasion was that "he had outlived most folks." Mayor Pro Tem Sizemore read and presented proclamations relative to the following: ALLEN WOOD DAY, March 19, 1969, in recognition of the outstanding and gratuitous service Mr. Wood has rendered the past 20 years in the savings bonds programs in this community; DeMOLAY WEEK, March 17, through 23, 1969, in honor of DeMolay's 50th Anniversary, expressing appreciation of the fine examples set by the young leaders of this organization; received by Dick Green, Charles Whitstone, Mike Graham, Allen Levens, Harold Eanes, and Linda Wilkerson; LOLA FORRESTER FLOWER SHOW DAYS AND SISTER CITY WEEK, March 21 through 23, 1969, in honor of the founder of the annual flower shows, and in honor of our Sister City of Yokosuka, Japan; received by Mrs. Reid B. Cochran. Bids were opened and read on the improvements to Runway 17-35 at the Corpus Christi International Airport, from the following firms: Heldenfels Brothers; J. M. Dellinger, Inc., South Texas Construction Company; H. B. Zachry; and B & E Construction 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 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 requests and recommendations be granted and approved as follows: a. That the bid award on three 4" submersible non -clog type sewage automatic pumps be made to Crane Supply Company of San Antonio, on the basis of the low bid meeting specifications, in the amount of $2,421 .00; (Bid Tabulation 07-69) b. That the bid award on Item #19, Heavy Equipment, for purchase of a 50HP tractor with extending boom and rotary mower, be made to International Harvester Sales and Service on the basis of low bid meeting specifications, in the amount of $10, 133.80; (Bid Tabulation 08-69) • • Minutes Regular Council Meeting March 19, 1969 Page 3 c. That the utility easement in Block A of Don Patricio Subdivision, located. between Lots 16 through 22, and 31 through 37, Section 49, Flour Bluff and Encina) Farm and Garden Tracts, and the remainder of Block "A", be closed; d. That the following street light rates be approved for underground service: 4000 lumen wood pole, @ $2.60; 4000 lumen ornamental pole, @ $3.60; 7000 lumen wood pole, @$2.75; 7000 lumen ornamental pole @$3.75; and that all future street lights be installed only at the request of the City with those developers or individuals wishing service from ornamental poles, being requested to pay $120 contribution for each such pole; e. That a contract for Workmen's Compensation, General Liability, and automobile liability insurance for 12 months, be entered into with Highlands Insurance Company; f. That replats of certain portions of the Padre Island Development, being Padre Island -Corpus Christi, Section 2, Block 72, Lots 39A, 41A and 43A, and Padre Island - Corpus Christi Section A, Block 45, Tracts AR, B1 and B2, be approved as recommended by the Planning Commission; g. That the contract with Pharaoh Enterprises to sell effluent at no cost be renewed, with the City reserving the option to cancel on 90 -days written notice, and that the franchise allowing the effluent line for the Pharaoh golf course to use the right of way of Ennis Joslin Road and Nile Drive, be extended for an additional five years; h. That the authority to enter into a contract with Padre Island Investment Corporation for the City to operate two small sewage treatment plants for an interim period not to exceed six months at the actual cost to the City estimated to be $500 per month, be granted; i. That the authority to enter into an encroachment agreement with the owner of Lot 14, Block 2, Schanen Estates Unit 8, whereby the City agrees to permit the Trinity Steel Warehouse Company, Inc., to leave the four -foot portion of an existing building to remain at its present location as an encroachment on the utility easement, subject to terms set out in the agreement, be granted; j. That the authority to enter into a contract with the University of Texas for possible employment of students from June through August, 1969, on the basis of 80% University - Federal and 20% City Cost, be granted; • • Minutes Regular Council Meeting March 19, 1969 Page 4 k. That the recommendation of the Park and Recreation Board to extend for five years the leases which expire July 21, 1969, with the Oso Little League and the Oso National Pony League, be approved; I. That a revocable easement to Nueces Industrial Gas Company to install a 6 -inch Gas Pipeline, crossing Sedwick Road approximately 2.617 feet east of Manning Road, be granted. Mayor Pro Tem Sizemore announced the pending item of Application #369-6, Mr. Amando Canales, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 13 through 19, Block 5, Tracy Addition, located at 2602 Prescott Street, on which a public hearing was held March 12, 1969. City Manager Townsend reviewed the history of the request, and stated that on March 18, 1969, the Planning Commission approved by formal action the plot plan submitted by the Planning Staff, and that it is his recommendation that the recommendation of the Planning Commission be concurred in and that a Special Permit be granted for a funeral home according to an approved plot plan. Motion by McDaniel, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application 0.369-6, Mr. Amando Canales, for change of zoning from "AB" Professional Office District to "B-1 Neighborhood Business District on Lots 13 through 19, Block 5, Tracy Addition, located at 2602 Prescott Street, be denied, but in lieu thereof, a Special Permit be granted for a funeral home according to a plot plan approved by the Planning Commission, and that an ordinance be brought forward effectuating the Special Permit. ORDINANCE NO. 9278 (Failed to pass) SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH BAY LEASING CORPORATION FOR A PERIOD OF FIFTY (50) MONTHS, COMMENCING JUNE 8, 1969, AND EXPIRING AUGUST 8, 1973, FOR THE OPERATION OF A RENT -A -CAR BUSINESS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the second time and failed to pass to the third reading by the following vote: Jimenez and Lozano voting "Aye"; Sizemore, Bradley, and Roberts voting "Nay"; McDaniel abstained; Blackmon was absent. Minutes 1 Regular Council Meeting March 19, 1969 Page 5 ORDINANCE NO. 9279 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE ENCROACHMENT AGREEMENT WITH THE OWNER OF LOT 14, BLOCK 2, SCHANEN ESTATES UNIT 8, WHEREBY THE CITY AGREES TO PERMIT THE SAID OWNER TO LEAVE THE FOUR -FOOT PORTION OF AN EXISTING BUILDING TO REMAIN AT ITS PRESENT LOCATION AS AN ENCROACHMENT ON THE UTILITY EASEMENT IN SAID LOT, SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN SAID 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, present and voting "Aye"; Blackmon was absent. FIRST 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 OSO LITTLE LEAGUE, LEASING TO THE SAID OSO LITTLE LEAGUE AN EIGHT - ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye"; Blackmon was absent. FIRST 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 OSO-NATIONAL PONY LEAGUE, LEASING TO THE SAID OSO-NATIONAL PONY LEAGUE A SEVEN ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A PUBLIC RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9280 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PHARAOH ENTERPRISES, LTD., AUTHORIZING THE SAID PHARAOH ENTERPRISES, LTD. TO TAKE+EFFLUENT WATER FROM THE 050 SEWAGE DISPOSAL PLANT OF THE CITY UNDER CERTAIN TERMS AND CONDITIONS, ALL OF WHICH IS SET OUT IN SAID AGREEMENT, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting March 19, 1969 Page 6 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. FIRST READING OF AN ORDINANCE GRANTING TO PHARAOH ENTERPRISES, LTD„ A FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPELINE EIGHT INCHES IN DIAMETER FOR THE TRANSPORTATION OF THE SEWAGE EFFLUENT FROM THE OSO SANITARY SEWER TREATMENT PLAN WITHIN AND UPON CERTAIN ROADS AND STREETS OF THE CITY; SETTING FORTH PROVISIONS TO THE EFFECT THAT SAID PIPELINE BE CONSTRUCTED, MAINTAINED AND OPERATED IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE WITH THE USE OF SAID STREETS BY THE CITY OR THE INHABITANTS THEREOF AND CONTINUING CERTAIN OTHER PROVISIONS, RESTRICTIONS AND CONDITIONS; AND PROVIDING FOR FOR- FEITURE OF THE FRANCHISE UNDER CERTAIN CONDITIONS. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDanieland Roberts, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9281 DECLARING ABANDONED THE UTILITY EASEMENT HERETOFORE EXISTING, BETWEEN LOTS 16 THROUGH 22, INCLUSIVE, AND LOTS 31 THROUGH 37, INCLUSIVE, BLOCK A, DON PATRICIO ADDITION, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN 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, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9282 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO NUECES INDUSTRIAL GAS COMPANY,. A CORPORATION, HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TO CROSS SEDWICK ROAD APPROXI- MATELY 2617 FEET EAST OF MANNING ROAD, WITH A 6" GAS PIPELINE, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; 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. • • Minutes Regular Council Meeting March 19, 1969 Page 7 ORDINANCE NO. 9283 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION FOR OPERATION AND MAINTENANCE OF TWO SEWAGE TREATMENT PLANTS, FOR A TERM OF SIX MONTHS, FOR THE ACTUAL COST OF OPERA- TION, ESTIMATED TO BE $500.00 PER MONTH, ALL AS MORE FULLY SET FORTH IN THE 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, present and voting "Aye"; Blackmon was absent. Mr. Jake Jarmon, attorney representing the Bay Leasing Corporation, appeared and stated that he was not aware that the Council was voting on the ordinance relative to Bay Leasing Corporation's request for space at International Airport for operation of a rent - a -car business, and requested that he be allowed to present further comments in this regard. Motion by Jimenez, seconded by Lozano that the vote on the subject ordinance be rescinded,and that the floor be opened for further discussion. City Attorney I. M. Singer ruled that the foregoing motion could not be legally accepted for a re -call of the vote, since it was made by one of the minority rather than one from the majority. Motion by Roberts, seconded by McDaniel and passed, that the vote on the ordinance identified as Ordinance "a" on the agenda (9278) be rescinded and that the floor be opened to Mr. Jarmon, or others wishing to speak, for further consideration of the ordinance. Mr. Jarmon renewed his request of last week that a lease be granted to his client. He pointed out that the opponents had referred to the request as a franchise, and explained that the ordinance calling for a franchise for operation of a rent -a -car business had been repealed several years ago, and that all that is necessary is to satisfy the City Secretary that adequate liability insurance is provided. He stated that the opposing companies had based their opposition on the claim that an additional rent -a -car service would be unfair competition; that his clients are proposing to put into operation 25 or more Lincoln Continental automobiles at the Airport; are willing to gamble their money, and that in his opinion, it is not the concern of any other company, or the Council, to determine if it is a good business venture. • Minutes Regular Council Meeting March 19, 1969 Page 8 He further stated that he feels the only decision the Council is to make at this time is whether or not there is adequate space now, or could be made available which would be satisfactory to the Bay Leasing Corporation. With reference to a statement made by Mr. Phil Ridgeway at last week's meeting, that "rent -a -car business should be regulated," Mr. Jarmon stated that the only regulation should be done by the Airport based on whether or not there is available space for the facility. He stated he was advised by the Airport Advisory Board that space could be made available if approved by the City Council. As to a statement made by Mr. Walter Dodds, that the existing companies submitted their bid for renewal of their leases the past year on the assumption that there would be only three rent-a-car'services at the Airport, Mr. Jarmon restated his request, that all his clients are asking is for a emple contract for satisfactory space. Others in the audience speaking in favor of Bay Leasing Corporation's request were Mr. Henry Gillespie and Wayne Lundquist of Gillespie Buick Company, stating they have been in the automobile business for 47 years and that they have always had to meet competition; that they do not approve of a monopoly in any business; and further, that they may be before the,Council sometime in the future to make a similar request; Mr. Eric Menger of Menger Oldsmobile, stated he was in favor of granting the request as the rent -a -car business has been accelerated at a high rate in the past few years; that the Council can expect to be faced with at least five more requests for space within the next ten years, and the Council should look into the possibility of enlarging the Airport facilities to provide additional space; Mr. Tom Goad of Goad Motor Company, stated he was in favor of the request, and does not see how the Council can turn the request down purely on the basis that there is no need for it; that space should be made available; that it is competition for the Bay Leasing Corporation to employ the use of Lincoln Continentals instead of Cadillacs. He also spoke for Mr. Lewis Boggus who wished to be recorded as favoring the request. Mrs. Natalie Kelly stated she did not feel it would be a reflection on the City's image if the venture of Bay Leasing Corporation should fail, and that theluxury type Lincoln Continental car is a prestige image in itself. She suggested that the City use the $67,000 lease money and provide available space. • • Minutes Regular Council Meeting March 19, 1969 Page 9 Mrs. H. C. Tromm interposed the question "will the proponents be obligated to pay the $67,000 lease money whether or not the venture is a success?" City Manager Townsend stated that it would be difficult to collect the money if the Company has nothing to pay. Mr. Walter Dodds of Kansas City, Missouri, representing Hertz Rent-A-Car, National and Avis, spoke concerning the statements made by the proponents relative to the stifling of business, monopolies, and alleged unfair competition. He stated he felt the three existing operators had provided substantial service over the years and have met competition "head-on", and that he was available to answer any questions the Council desired. A lengthy discussion followed between the Council and the City Manager as to existing space possibilities and feasible remodeling of the Airport space. Mayor Pro Tem Sizemore asked City Secretary Kring to poll the Council for a final vote on passage of the second reading of the subject ordinance. The vote was as follows: Commissioners Jimenez and Lozano voted "Aye"; Sizemore, Bradley and Roberts voted "Nay"; McDaniel abstained, and Mayor Blackmon was absent. Mayor Pro Tem Sizemore declared the ordinance (No. 9278) had failed to pass for lack of sufficient affirmative votes. Former City Manager Russell E. McClure's presence in the audience was recognized. Commissioner Jimenez departed the meeting at this time. Following a brief recess, Mayor Pro Tem Sizemore reconvened the meeting and announced the scheduled public hearing on street assessments on Osage Street, from Chippewa to Highland Avenue; Highland Avenue, from Osage Street to Port Avenue; Port Avenue and Morgan Street Intersection; Sidewalk Improvements on McMullen Road, from Navigation Boulevard to West Oso School; Navigation Boulevard, from McMullen Road to Molina; and Cliff Maus from Culver to McMullen Road. Mayor Pro Tem Sizemore directed that it be noted that a quorum of the Council was present; that each member of the Council had been presented with a Preliminary Assessment Roll; and that Assistant City Attorney Tom McDowell would conduct the public hearing. • • Minutes Regular Council Meeting March 19, 1969 Page 10 Mr. McDowell explained the purpose of the`pvbliciiearing and stated 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. He explained that abutting property owners would be allowed to present expert testimony and cross-examine the City's expert witness. Mr. James K. Lontos, First Assistant Director of Public Works, presented the plans and specifications for the street and sidewalk improvements and the Preliminary Assessment Roll; testified as to his qualifications and as to the nature, extent and specifications of the proposed improvements; stated that the cost of the total improvements was $169,902.61; total assessments to property owners was $73,054.51; and that the total amount of the City's portion was $96,848.10; explained the manner in which such pro rata share was computed; that this project was included in the Bonds voted in 1967; and that the assessment rates for this project have been calculated by using the unit prices taken from the low bid and applying these unit prices to the front footage of the abutting property in accordance with the assess- ment policy as shown on the Assessment Roll. Mr. J. H. Garcia, the City's expert witness, testified as to his background and experience which he felt qualified him as a real estate appraiser, his qualifications having been furnished the Council in writing. Mr. Garcia testified 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 and each of the properties to be assessed; and that in his opinion, each of the properties so assessed on the street improvement portion of the project, would be enhanced in value at least to the extent of the proposed assessments, but that in his opinion, the only properties in the sidewalk portion of the project, which would be enhanced in value at least to the extend of the proposed assessments, are as follows: Item #74, Community Settlement Center Item #75, Antonio Alvarez, Lot 1, Block 1, Molina Addition 01 Item #76, Luis Olmos, Lot 1-A, Block 1, Molina Addition 01 Item #80, St. Martins Episcopal Church Minutes Regular Council Meeting March 19, 1969 Page 11 Mr. Garcia described the foregoing properties as improved residential properties with pedestrian traffic, and that in his opinion, the properties would be enhanced in vajue in the amount of the assessment immediately after completion of the project, but that in his opinion, the remainder of the sidewalk portion of the Project would be enhanced in value in the amount of the assessment by virtue of the proposed improvements on anticipated values only, as these properties are unimproved and there is no need for sidewalks. City Manager Townsend stated that it is the opinion of the Staff, and always has been, that all property in the City has a need for sidewalks; that the construction of side- walks enhance properties at the time of completion of construction, and that the Staff would be prepared to have additional testimony on this point for the records. Mr. McDowell explained that there are large cultivated fields with some areas built up with small neighborhood businesses of retail stores etc., in the areas which Mr. Garcia stated would not be enhanced in value by virtue of construction of the pro- posed sidewalks, and asked Mr. Garcia if the likelihood that sidewalks will be needed in the future was reflected in his opinion that the properties would be enhanced on anti- cipated values only, as distinguished from the sidewalks areas which would be improved, and Mr. Garcia stated this was the basis on which he formed his opinion. Mayor Pro Tem Sizemore stated that each property owner present would be given an opportunity to direct questions to Mr. Lontos regarding specifications of the project, and to state his approval or objection to any of the proposed improvements or assessments to his property. The following persons appeared: Item 479, Consolidated Investment Property - Mr. Louis Schmidt appeared and stated that the proposed construction of sidewalks on the West side of Cliff Maus Drive would create a disadvantage to elementary school children crossing Old Brownsville Road without advantage of a stop sign, and stated it appears the sidewalk is being placed on the wrong side of the street. He further stated that in some instances where the property is undeveloped, the sidewalk will have to be destroyed when it is improved and could not becontideredhanenhancement at this time but would be an added expense to the property owner. He stated that the sidewalks in some areas would only serve as a dam to hold water and impede the already difficult drainage situation. Minutes Regular Council Meeting March 19, 1969 Page 12 Mr. Lontos explained that from an engineering standpoint, it had not been determined feasible to construct the sidewalks on the East side of Cliff Maus; that it had been discussed with the School District officials, and it was determined that the traffic would be more dangerous to school children if the sidewalks were constructed on the East side. He stated that the construction of the sidewalks will be in such a manner so as not to obstruct drainage, and that if in the future the sidewalks will have to be removed the owners will be given credit. Item #81, Osage Oil Company - Mr. S. D. Roberts appeared on behalf of the subject property, and stated that he had donated land for right of way when Morgan Street was widened about twenty years ago, and paid for his share of the assessments. He explained that at that time he was told that as long as his oil pumps and island were not remodeled, he would not have to remove them, but that it appears now that these facilities will have to be moved, and if this is true, he might as well remove the entire operation. City Manager Townsend stated that the Minutes of the Assessment Hearing on Morgan Street Improvements would be checked relative to Mr. Roberts' donation of right of way. Mr. Roberts was advised that the island in the right of way will have to be removed. item #1, Farid E. Mousa - Mr. Mousa stated he was in favor of the proposed improvements, but inquired if the drainage on Chippewa and Osage Streets would be improved, and was advised that the existing pavement would be removed and the street l owe red . Item #73, W. L. Bates, Trustee - Mr. Bates stated he did not feel the construction of sidewalks on this property would be an enhancement to the value on the basis that they are not needed, and that he is opposed to the assessment. He stated he feels the construction of curbs and gutters will benefit the property. Mr. Bates pointed out on the map areas which he considered a better location for the sidewalks, stating they should be located where there is at least a potential need. • • Minutes Regular Council Meeting March 19, 1969 Page 13 Item 029, Sidney Forsman - Mr. Forsman stated he is opposed to the proposed sidewalks and the sidewalk assessments; stated there are existing sidewalks in the vicinity of the Junior High School, but that the students do not use them, but that he does not oppose the remainder of the proposed improvements. Item 032, Frank Medina - Mr. Medina stated his gas pumps are located very near the property line and inquired as to whether or not they would have to be removed; asked for a breakdown in costs of each street within the project, and stated he was not opposed to the improvements and assessments on Highland, that the residents want them and are anxious for the work to begin. Item 015, Alston Terry - Mr. Louis Garcia appeared and stated he is not opposed to the improvements, but stated that he had erected a hurricane fence on all sides of his house and asked if it will be moved as a result of the improvements. Mr. Garcia was advised that the fence would not be moved. Mr. Jonas Salinas, speaking for the Board of Trustees of the West Oso School District, appeared and stated the School District endorsed the sidewalk construction as proposed by the City Engineering Staff; stated that the location of the sidewalks as pro- posed will make it safer and more convenient for the three to four hundred school students attending schools within the two-mile limit in the area, City Manager Townsend read a letter signed by Mr. James B, Sorenson relative to Item #78, which stated he was unequivocally opposed to the installation of sidewalks on the basis they are unnecessary at the present time since the major part of the acreage is under cultivation. No one else appeared to be heard in connection with the proposed street improve- ments. Motion by Roberts, seconded by McDaniel and passed, that the hearing be closed, and that the matter be given further consideration. There being no further business to come before the Council, the meeting was adjourned.