HomeMy WebLinkAboutMinutes City Council - 03/30/1970 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
March 30, 1970
2:00 P.M.
PRESENT:
Mayor Jock R. Blackmon
Mayor Pro Tem Gabe Lozano, Sr.
Commissioners:
Eduardo E. de Ases
Ken McDaniel
W. J. Roberts
City Manager R. Marvin Townsend
Assistant City Attorney Bob Coffin
Assistant City Attorney Amador Garcia
City Secretary T. Ray Kring
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Mayor Jack R. Blackmon called the meeting to order and stated the purpose of the
Special Meeting was to hold public hearings and any other business as may properly come
before the Council. He asked that it be noted that a quorum was present, and explained the
procedure to be followed.
City Manager Townsend presented the matter of the appeal of Mr. Ted M. Anderson
relative to the requirement that a 20' strip of land along Weber Road be dedicated as a
condition of platting. He explained that the appeal came in the form of a letter from Mr. Anderson,
dated March 3, 1970, stating that he did not desire or wish to dedicate the land in accordance
with such requirement; that he wished to waive any right of appeal with the Planning Com-
mission; and asked that the matter be considered by the Council at the earliest possible date
on whether or not he should be required to dedicate this 20 feet as a condition of platting. He
pointed out on a map the location of the strip of land in question, and stated that it was one of
three pieces of property yet to be acquired or dedicated for the Weber Road Improvements. He
explained that it was the feeling of the Staff and the Highway Department that Weber Road
could be developed within the present right of way limits as it now exists, and pursuant to the
policy set out in the Charter, it is recommended that the sidewalk portion of the construction be
omitted on these three tracts of land, and if in the future the need for sidewalks becomes greater,
condemnation would be recommended.
Mr. Ted Anderson, appellant, stated that his objection to the decision of the Planning
Commission reflected in the minutes of January 20, 1970, that the preliminary plat of Bratton
Place, Lot 19, be approved subject only to a 20 -foot dedication, was essentially one of principle,
and that he feels the City is in error in requiring a property owner to donate land that is needed
for right of way purposes without compensation. He cited the case of the Unitarian Church vs.
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Minutes
Special Council Meeting
Match 30, 1970
Pate 2
City in a similar situation whereby the appeal of the Church was sustained. Mr. Anderson stated
he only proposed to plat the property in order to get a better description of the land, stating that
if he did not plat it and the City required the right of way, the City would have to buy it. He
stated the policy is unfair and not in the public interest.
Mr. Townsend stated the case of the Unitarian Church referred to by Mr. Anderson, is not
applicable to the issue at hand, but that it k debatable; that the basic issue -is when a piece of
property is supposed to be platted, and that this is also debatable. He further stated that it k
his feeling that the question of the basic concept of the Charter requirement is not before the
Council at this time.
Mayor Blackmon stated that this is a moral issue which every Council has had to face,
but stated that there would be pro4lems if other property owners have been required to give the
right of way and the policy changed at this time. He pointed out that whatever decision is made
of this appeal, it will necessarily have to be followed in all cases.
Mr. Sam Allen, 3718 South Alameda, owner of one of the three pieces of unplatted
property along Weber Road, spoke in favor of the appeal and concurred in the statements of
Mr. Anderson. He stated that for years the City has had the landowner "over a barrel" because
of the wording of the Platting Ordinance that in order for a property;ownerGto develop his pro-
perty the dedication of right of way is required; that this becomes an issue and that the property
owner either obtains the plat and gives the land or the land is not developed. He stated that he
has not made application to plat his property because he has no immediate need for it; that he
had been contacted by the City for the sale of the property and had been offered ten cents a
square foot for it, and that he did not consider this a negotiation. Mr. Allen explained that
last November the Telephone Company had installed a telephone cable across his and Mr. Anderson's
property because of drawings having been received from either the City or the Highway Department,
and that when the facts were known, the Telephone Company admitted their error and have been
notified that the cable will have to be removed.
Mayor Blackmon stated the matter of the Telephone Company is a separate issue; that
obviously an exception cannot be made in this case to the extent of jeopardizing the entire
project, but that a moral issue is involved. He raised the question as to whether or not additional
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Minutes
Special Council Meeting
March 30, 1970
Page 3
setbacks could be imposed on these three pieces of property, and City Manager Townsend stated
that unless they platted the property, this question would be moot.
No one appeared in opposition to the foregoing appeal.
Motion by Roberts, seconded by de Ases and passed, that the hearing be closed.
Motion by de Ases, seconded by Lozano and passed, that action on the foregoing appeal
be deferred for further consideration.
Following a brief recess, Mayor Blackmon reconvened the meeting and announced the
Council would hold the public hearing scheduled for 3:00 o'clock p.m. on the assessments for
the proposed street improvements on Weber Road from Padre Island Drive to Saratoga Boulevard
in accordance with a joint agreement with the State Highway Department made in 1968, to be
known as Farm to Market Road 43. He asked that it be noted that a quorum of the Council was
present; that each had been furnished with a copy of the preliminary assessment roll, and stated
that Assistant City Attorney Amador Garcia would conduct the hearing.
Mr. Garcia explained the purpose of the public hearing and stated the Staff would offer
testimony from the City Engineer and evaluation testimony from a real estate appraiser to sub-
stantiate the assessments which appear on the preliminary assessment roll; 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, and that the burden is on the City to show that the
properties, so assessed, will be enhanced at least to the amount of the assessment. He recognized
the presence of Texas Highway Officials, Don Skewis, and Buddy Scalf.
Mr. James K. Lontos, First Assistant Director of Public Works, presented the plans for
the proposed improvements; explained the nature, extent and specifications; stated that the con-
struction will consist of excavation to permit the construction of pavement according to the State
Highway Department plans; installation of 6" curb and gutter; 4' side reinforced concrete side-
walks, and 6" thick reinforced concrete driveways as well as header curbs; that the pavement
portion of the project will be the responsibility of the State of Texas; the drainage, right of way,
utilities and concrete work will be that of the City; that the assessment rates have been determined
in accordance with the present policy of the City by applying the unit prices obtained by the low
bid of Heldenfels Brothers to the calculated quantities for the improvements abutting the properties;
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Special Council Meeting
March 30, 1970
Page 4
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and that the assessments have been made only to the portions of the contract which are to be paid
by City funds. He stated that the total contract, City and State, is $669,256.00; total City share,
$330,395.00; total assessments, $64,751.80; and total net City portion, $265,-643.20. He
explained that because of State participation in the project, property owners are not being
assessed for a share of the paving costs; pointed out minor corrections on the assessment roll, and
the error relative to Item #41, stating that the total assessment on this parcel should be $258.72.
Mr. Jesus "Milo" Garcia, real estate appraiser, 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; that he had personally viewed the assessment roll relative to each
of the properties to be assessed; and that in his opinion, each of the properties, so assessed, would
be enhanced in value at least in the amount of the assessment.
Property owners in the audience were given the opportunity to question Mr. Lontos as
to the plans an specifications, and Mr. Garcia as to his opinion relative to the assessments.
Mr. Allen questioned Mr. Garcia if he had appraised each piece of property
individually and as to how he arrived at the value for each separate piece of land; and asked
Mr. Garcia what value he had placed on his property before the improvements.
Mr. Garcia explained that he had examined each parcel individually; that his appraisal
had been based on square footage and front footage; that he was only employed to give an
opinion as to the enhancement of the properties after the improvements, and that it was his
opinion that Mr. Allen's property would be enhanced in the amount of $832.00 as appears on
the assessment roll.
Mayor Blackmon invited those in the audience whose properties appear on the assessment
roll to state their objections, if any, to the assessments.
Mr. Allen, Item #45, stated he had no objection to the amount he had been
assessed for curbs and gutters along his property or the pavement, but questioned why he had
been assessed for 22 feet more than the frontage of his property; also questioned why the City
had no plans to build a sidewalk across the property in conjunction with the improvement project,
stating that for uniformity in the area, and for the safety of school children, a sidewalks should
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Special Council Meeting
March 30, 1970
Page 5
be built to match those to be built elsewhere along Weber Road. He further stated he would have
no objection to be assessed for the sidewalks.
Mr. Lontos explained that the extra 22 feet for which Mr. Allen was being assessed were
for concrete work for turning the corner onto Br4tt Street, making a total of 347 front feet, instead
of 325 feet as calculated by Mr. Allen. He further explained that sidewalks had not been included
in front of Mr. Allen's property because there was not sufficient right of way.
Mr. Townsend stated that construction of sidewalks could not be made until the property
is platted and the right of way dedicated; that the Allen strip of land and two others which remain
are not needed for the street project itself, but will be needed when the sidewalks are installed.
It was also explained to Mr. Allen that to install the sidewalks before the land is platted or
dedicated, would, in effect, be installing them on private property, and that if sidewalks are
constructed on unplatted property, the City would have to acquire it, and stated that the Charter
is clear on this policy.
No one else appeared to be heard.
Motion by de Ases, seconded by Roberts and passed, that the hearing be closed.
Motion by McDaniel, seconded by Lozano and passed, that the evidence as presented,
be taken under advisement.
There being no further business to come before the Council, the meeting was adjourned.
I, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify that the
foregoing minutes, same being for the period of March 1, 1970, through March 31, 1970,
inclusive, and having been previously approved by Council action, are by me hereby approved.
getrA4 320-12e.1
A K R. BLACKMON, Mayor
City of Cor Christi, Texas