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.
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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)
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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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.