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HomeMy WebLinkAboutMinutes City Council - 02/24/1971MI Nru TLS CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 24; 1971 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney Jim Riggs Assistant City Attorney Bobby L. Terry City Secretary T. Rpy Kring Mayor Jack R. Blackmon cal led the meeting to order. The Invocation was given by Conimissioner W. J. Roberts in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by McDaniel, seconded by de Ases and passed, that the absence of Commissioner Bradley be excused for just cause. The Minutes of the Regular Council Meeting of February 10, 1971, were approved as submitted to the Council. Mayor Blackmon announced the issuance of proclamations relative to the following: MOBILE HOME WEEK, February 23 throuth 28, 1971; and PUBLIC SCHOOLS WEEK, March 1 through 5, 1971. The latter proclamation was received by Mr. Arturo Vasquez, Secretary of the Corpus Christi School Board, who urged that citizens visit the public schools in view of the fact that education is undergoing considerable changes and the public should be aware of these changes. Mr. Cuban Burbank, 1127 Ocean Drive, appeared and read a letter on behalf of Mr. James P. Kenney, 434 Texas, requesting that the City Council adopt an ordinance which would prohibit smoking in crowded areas such as elevators, buses and theaters, stating that non-smokers, which are in the minority, should not be subjected to smoke-filled air in limited space areas. He stated that the danger of fire constitutes a hazard to life and property, should be considered a felony, and is an infringement upon the rights of others. (Council Exhibit 02-71) Miss Beth Payne, a student of biology at Del Mar College and noted for her concern for the preservation of wildlife, appeared accompanied by a fellow -student, Phil Dering, and requested that the Council not proceed with plans to develop the marshy area between Oso Creek r • Minutes Regular Council Meeting February 24, 1971 Page 2 and Corpus Christi, known as the Cho, but that it be preserved as a fish and bird habitat. She stated the area k important and ideal as a nesting ground for many species of fowl and fish, and stated that many conservationists share her views. It was explained to Miss Payne that the City does not control all of the area, only the portion located in front of the Sewer Plant, but that the request would be received for study. Bids were opened and recd by Public Works Director Jack McDaniel on six con- struction projects as follows: Cole Park Seawall and Fishing Pier: W. T. Young Construction Company, L. W. Richardson Construction Company, Heldenfels Brothers, Ausco, Inc., and Misener Matine Construction Company; Museum Building Expansion: Burnett Construction Company, Lanphier Construction Company, A & A Construction (Victoria), Braselton Construction Company, and Roe Corporation; Hurricane Celia Damage repairs to West Guth Park Comfort Station #1: J. H. Chapman Construction Company, and Mayfield Construction Company; Fire Stations No. 1, 2, 3, 4, 7, 8, 9, 10, 11 & 12 (Hurricane Celia Damage repairs): Roofcraft, Mendenhall, Maurice Mandel Corporation, and Bartex Construction Company; Sanitary Sewer Extensions for Rolling Acres No. 1 and 2, and Navigation Industrial Park: W. T. Young Construction Company, T. H. Lee, Maverick Construction Company, Heldenfels Brothers, Cactus Utility Company and Burtex Constructors; International Airport Terminal Building Celia Damage Repairs: Manson Industries, Maurice Mandel, Bartex Constructors, Inc., Richardson Construction Company, and Roe Corporation. 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 Blackmon recognized and welcomed members of the Student Council from Tom Browne Junior High School and presented Certificates of Attendance to the following: Mary Abney, Peggy Wel-kmeister, Melissa Wilson, Sandi Barnett, Bill Nelson, David McNitzky, and Ginger Flint. • Minutes Regular Council Meeting February 24, 1971 Page 3 Mayor Blackmon called for the City Manager's Reports. City Manager Townsend presented recommendations "a" through "s", temporarily deferring recommendation "1" to be cons$dered separately, as follows: a. That a contract be awarded to The Rohan Company of Waco, Texas, to furnish 6,000' of 3/4", 1,200' of 1" and 200' of 2" Type K, Soft Copper Tubing, Seamless, on the basis of low bid of $3,543.00 (Bid Tabulation #11-71); and that Gulf Supply Company be permitted to withdraw their $666.00 bid as being an obvious error; b. That the contract of $29,827.31 for Hurricane Celia Repairs to the City Transit System be accepted as complete and that final payment of $3,261.34 be approved to Manson Industries; c. That the written offer of $9,000 made by the Parkway Church of Christ,be accepted as the purchase price for a City -owned 0.591 -acre tract of land, fronting approximately 185' on Dakin Place, having a depth of 265', siding approximately 290' on Brawner Parkway, and being that tract known as Sarah Gocher Annex, filed in Volume 24, Page 81, of the Map Records of Nueces County, with the City reserving a utility easement 10' wide by length of existing sewer line, and purchaser paying all closing costs; (Bid Tabulation #12-71) d. That the date of March 15, 1971, at 2 p.m. Special Meeting, be set for public hearings on the following applications: (1) Oliver W. Beasley - from ?'F -R" to "13-4", bounded on the north by I.H. #37, on the south by Upriver Road, west of Missouri Pacific Railroad Tracts. (2) H. W. Riner - from "R -1B" to "A-1" on the south side of Browner Parkway between Carroll Lane and Kostoryz Road. (3) Julian Puente - from "R -1B" to "B-4", on the west side of Angela Street north of Bloomington Street. (4) E. A. Wilson - from "R -1B" to "B-4", between Weaver & McDonald Streets north of Padre Island Drive. (5) Ted M. Anderson - from "R-18" to "B-4" on Tract 1 & from "R -1B" to "A-1" on Tract 2, on the south side of Padre Island Drive west of Everhart Road. (6) Saratoga Land Company - from "R -1B" to "R-2" on Tract A & from "R -1B" to "A-1" on Tract B, along the north side of Woolridge Road and the west side of South Staples Street; • Minutes Regular Council Meeting February 24, 1971 Page 4 e. That an informal public hearing be held on 41Aarch 3, 1971, to review the request of Tennessee Pipeline Construction Company to discharge between 15,000 and 20,000 gallons per day of domestic sewage from a sewage treatment plant at Cuddihy Field into Oso Creek; f. That on amendment to the Alice Water Contract be approved to assure a future water wupply for Alice and a minimum monthly payment to Corpus Christi (The amendment will be the first contract under the recent Charter amendment authorizing contracts in perpetuity. Alice's minimum is now $100. The proposed contract creates a minimum based on highest previous annual water requirements and annual debt service for Lake Corpus Christi. The annual minimum under the formula would be $34, 163. Approval of the contract by the Water Rights Commission and the Lower Nueces River -Water Supply District will be sought after Council approval); g. That an agreement with McCord and Lorenz, Architects and Engineers, for professional services required in connection with the design Of plans and specifications for certain improvements to the Corpus Christi Marina, be authorized, and that an appropriation from No. 292 Marino Improvement Bond Fund in the sum of $20,000.00 of which $19,685.00 is for the Engineering fee and $315.00 for incidental expenses, all applicable to Project No. 292-70-1, be approved; h. That a commercial and industrial waste disposal ordinance be adopted to provide a better control of commercial and industrial waste entering the City sewer system and a surcharge to cover the cost of treating sewage with a high B.O.D. or suspended solids, the proposed ordinance to be consistentVOth the recommendations of the Texas Water Quality`Board; (see subsequent action this meeting deleting,thi matter) i. That the date of March 3, 1971, be set for an informal hearing on the request of the Centex Cement Corporation to the Texas Air Control Board for an extension of their vari nce to August 31, 1971, because of design and installation problems with their electrostatic precipitators; • Minutes Regular Council Meeting February 24, 1971 Page 5 j. That Adcraft Advertising be authorized to expend $5,230.00 from the Tourist and Convention Fund For billboard advertising in Houston, San Marcos, Victoria and Monterrey, supported by the 2% Hotel -Motel Occupancy Tax; k. That the City sell 3 surplus lots purchased by the City at the Sh‘lriff's 2nd Tax Sale, to the Community Development Corporat:ibm„ an independent non-profit foundation, for development for low income housing, as follows: (1) 1812 Kennedy Street, Lot 5, Block II, Citizens Addition,($910.0Q); (2) 1618 Caldwell,Street, Lot 3, Block 5, Paul Court Addition $1,150.00); (3) 321 Osage Strdet, Lot 7, Block 16, Meadow Park (reserving a 5' x 50' strip for Osage Street right of way) ($1,150.00); for a total of $3,210.00 ii, (Considered separately) m. That Parcel 117 of the Greenway Right of Way be acquired from Mr. and Mrs. Burley F. Fellows for the sum of $4,237 plus $150.00 for related costs; n. That bids be received on March 17, 1971, for the burial of debris deposited at Cabaniss and Waldron Fields as a result of Hurricane Celia, the estimated cost to be reim- bursable from O.E.P.; o. That the City accept the proposed option figure of $11,500 per acre for the sale of property at 3900 Ramsey Street to the Corpus Christi Housing Authority; p. That the Council authorize publication of 60 -day notice of intent to adopt City -Hosing Authority agreement of 1971, pursuant to Art. 1269(1), Sec. 7a, and to change references to "National Housing Act as amended, (herein called the Act") sto read "United States Housing Act of 1937, as amended, (herein called 'Act"); q. That plans and specifications for the Service Center be approved and that bids be received on March 24, 1971, the base bid being for the Equipment Maintenance Building and Service Station, with alternate bids being taken for the Street and Sanitation Buildings for the Heavy Equipment Building; r. That a settlement agreement in the McCord case whereby the City will install a sewer line in the 10' dedication along Ayess Street within two years with abutting owners paying the usual $2 front foot charge and tap fees, be approved (upon completion of the sewer line, the disputed 10' street dedication will become permanent strelkt right-of-way); and • Minutes Regular Council Meeting February 24, 1971 Page 6 s. That the condemnation proceedings initiated against Mr. Ed Schroeder for acquisition of property for extension of Josephine Street, be withdrawn, as it has been determined that the street can be constructed without the drainage ditches, that curbs, gutters and sidewalks can be constructed within 50' right-of-way without the offset in the existing right-of-way and without the additional 10' from Mr. SchroOder. Mr. A. C. Skinner, president of the Oriental Laundry and Cleaners, appeared and stated he and approximately 10 other laundry and dry cleaning establishments were opposed to the recommendation that an ordinance be adopted regulating commercial and industrial waste disposal and the proposed surcharge covering cost of treating sewage as recommended by City Manager Townsend. He stated that the surcharges could be prohibitive; that persons directly affected by the action had not had adequate notice nor time to study the proposal; and that it appears the ordinance is aimed at penalizing certain types of businesses. He stated that he had been in the laundry and drycleaning business in the. City for 34 years and that this is the first time he has been told he was a problem. He stated the Council does not have all the focts and that he feels the problems should be resolved but that more information and several months of study are needed. Attorney Michael Kendrick spoke representing Southwestern Oil and Refining Company, PPG Industries, and Celanese Corporation, stating he was in agreement with Mr. Skinner that the matter should be delayed and deserves more study by the Staff and the industries affected. He suggested that a special study committee similar to the Bay Drilling Committee be created for the purpose of making a study of the problem with both industry and public representation. Mr. Bob Sorrell, Jr., representing Oriental Laundry and Cleaners, and Mr. Joe Knolle, representing Knolle Dairy; Mr. DeWit Alsup, representing South Texas Linen Supply; Mr. Bob Sullivan of Peerless Clearj Jack Stallings of Texas Industrial Laundries; Lloyd Monroe of Lew Williams Chevrolet; and Mr. Willard Hammonds of Corpus Christi Apartment Association; all appeared and stated they were in agreement with statements made by Mr. Skinner that more time was needed for study and explanation of terminology and technical phraseology of the ordinance. • • Minutes Regular Council Meeting February 24, 1971 Page 7 City Manager Townsend explained that the City is on notice from the Texas Water Quality Board to improve the quality of its discharges into the City Sewer System; that the City did a study 10 years ago and came to the conclusion that this kind of ordinance was not needed because of the small number of businesses involved, but that the situation has changed. He stated that the proposed ordinance provides for better control of commercial and industrial waste entering the water system; that it would require pre-treatment of certain kinds of wastes or surcharges to cover the cost of handling the untreated wastes, and that the surcharge would cover sewage with a high biological oxygen demand or a high percentage of suspended solids. He stated that copies of the proposed ordinance had been mailed to 27 industries, including meat processors, dairies, food processors, laundries, plating services and hospitals, and that the list had been made up based on volumes of sewage discharged and past problems. The Council agreed that a meting should be scheduled within one week, with Douglas Matthews, Sewer Superintendent and the chemist from that office; Director of Public Utilities, City Manager Townsend, and those industries which were included on the list of 27, or any others who feel they would be involved, and that they be so notified of the meeting. Motion by Roberts,. seconded by Lozano and passed, that the foregoing City Manager':: recommendations, Items "a" through "s", deleting Item "h" relative to the approval of an industrial waste disposal ordinance, be approved. City Manager Townsend presented Item "I" temporarily deferred under the City Manager's Reports and discussed the question of whether to award the contract for 16 compact cars to the low bidder on American Motors' Hornets, or to the second low bidder on Chevrolet's Novas. He pointed out that the difference in price was approximately $25 per unit and that the Department of Public Works and Public Utilities, as well as the Purchasing Agent, recommended the second low bidder because of the newness of the Hornet model and problems in the mid Sixties with parts delivery and maintenance on American Motor vehicles. The local sales mamager of American Motors appeared and stated that comparisons should not be made with cars sold five years ago, and also that he took exceptions to the statement relative to maintenance problems. • Minutes Regular Council Meetinb February 24, 1971 Page 8 Motion by de Ases, seconded by McDaniel and passed, that a contract beiawarded to American Motors of Corpus Christi for i54 -door compact sedans for the low bid of $33,550.50. (Bid Tabulation 013-71) City Manager Townsend presented pending items and the following actions were taken: Motion by Roberts, seconded by Sizemore and passed, that the public hearing relative to Urban Renewal be further recessed for one week. - - Motion by Roberts, seconded by McDaniel and passed, with de Ases abstaining, that the 36.95 foot section of alley located between Heinley Street and Morgan Street adjacent to`Lot 1, Block 20, Segrest Addition, be closed, and that the small triangular tract which is separated by the alley be offered to the abutting property owner of the appraised value of 44 per square foot for a total amount of $483.00. SECOND READING OF AN ORDINANCE PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF ARANSAS PASS AND BY THE CITY OF ARANSAS PASS TO THE CITY Of CORPUS CHRISTI OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF WATER AND UNDERLYING LANDS, A MAP OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO, WITHIN THE OVER- LAPPING EXTRATERRITORIAL JURISih1CTION OF THE CITY OF CORPUS CHRISTI AND THE CITY OF ARANSAS PASS, AS DEFINED 8Y ART. 970A, V.A.C.S, TEXAS, BY MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "B", ATTACHED HERETO BY THIS REFERENCE INCORPORATED HEREIN AND MADE APART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, de Ases, McDaniel, Robertsiand Sizemore, present and voting "Aye"; Bradley was absent. §,ECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY -. MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR A FIVE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZEDC BY ORDINANCE NO. 8509, CONCERNING A TRACT OF APPROXIMATELY THREE AND ONE-HALF ACRES OF LAND IN BOTSFORD PARK, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT 15 ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. • • Minutes Regular Council Meeting February 24, 1971 Page 9 SECOND READING OF AN ORDINANCE EXTENDING AN ORDNANCE AND FRANCHISE FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AND APPROVED BY THE MYOR ON JANUARY 10, 1950, GRANTING TO CENTRAL POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT, AND POWER FRANCHISE, AND AMENDING SAID ORDINANCE AND FRANCHISE TO CHANGE THE CONSIDERATION AND COMPENSATION TO BE PAID TO THE CITY BY THE GRANTEE THEREUNDER AND TO CANCEL CERTAIN FRANCHISES HERETOFORE GRANTED TO CENTRAL POWER AND LIGHT COMPANY. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, de Aces, McDaniel, Roberts and Sizemore, pr@sent and voting "Aye"; Bradley was absent. SECOND READING OF AN ORDINANCE MAKING A. FINDINGS OF FACT WITH RESPECT TO THE APPLICATION OF SOUTHWESTERN BELL'TELEP1jiQNE COMPANY FOR AN INCREASE IN ITS RATES FOR EXCHANGE SERVICE IN THE CITY.OF CORPUS CHRISTI, TEXAS; AUTHORIZING A SCHEDULE OF RATES APPLICABLE WITHIN THE CITY OF CORPUS CHRISTI FOR EXCHANGE SERVICES; FIXING A DATE FOR APPLICATION OF SUCH RATES; REQUIRING FILING OF ANNUAL FINANCIAL STATEMENT BY SAID TELEPHONE COM- PANY; ESTA4LISHING A SCHEDULE OF MISCELLANEOUS RATES AND CHARGES FOR THE SOUTHWESTERN BELL TELEPHONE COMPANY. The foregoing ordinance was read for the second4time and passed to the third reading by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. ORDINANCE NO. 10117 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 70 AND PUBLIC LAW 875, U.S. CONGRESS, AS AMENDED, AND THE DISASI'ER'REL1Ef.ACT OF 1969, AS AMENDED, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. ORDINANCE NO. 10118 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MANSON INDUSTRIES, FOR HURRICANE CELIA DAMAGE REPAIRS TO THE GAS DIVISION OFFICE AND GAS REGULATOR STATION NO. 9; APPROPRIATING OUT OF THE NO. 106 GAS FUND THE SUM OF $11,450 OF WHICH $11,000 IS APPLICABLE TO THE GAS DIVISION OFFICE JOB. NO. 106-5298-01 AND $450 IS APPLICABLE TO GAS REGULATOR STATION NO. 9; JOB NO. 106-5298-05; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting February 24, 1971 Page 10 The Charte'r,Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel, Robertsiand Sizemore, present and voting "Aye"; Bradley was absent. ORDINANCE NO. 10119 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MANSON INDUSTRIES FOR HURRICANE CELIA DAMAGE REPAIRS TO WEST GUTH PARK POOL BUILDING JOB NO. 102-4298-75; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4298, THE SUM OF $7,725 FOR SAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, fie Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. ORDINANCE NO. 10120 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASTRO CON- STRUCTION COMPANY, INC., FOR HURRICANE CELIA DAMAGE REPAIRS TO CORPUS CHRISTI MUSEUM BUILDING; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4298, THE SUM OF $6,018.4 FOR SAID REPAIRS APPLICABLE TO JOB 102«4298-86; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. ORDINANCE NO. 10121 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACT WITH EACH!i MBULANCE SERVICE OPERATOR DESIRING TO ENTER INTO EMERGENCY SERVICE AMBULANCE OPERATION WITH THE CITY, SAID CONTRACT TO BE SUBSTANTIALLY IN THE FORM 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: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE ALICE WATER CONTRACT HERETOFORE ENTERED INTO BETWEEN THE CITY OF CORPUS CHRISTI AND THE CITY OF ALICE ON MAY 4, 1962, SAID AMENDMENT BEING FOR THE PURPOSE OF ASSURING A FUTURE WATER SUPPLY FOR THE CITY OF ALICE AND A MINIMUM MONTHLY PAYMENT FO THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. • Minutes Regular Council Meeting February 24, 1971 Page 11 The foregping ordinance was Lead for the first time and passed to the second reading by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. ORDINANCE NO. 10122 ABANDONING THE 5 -FOOT UTILITY EASEMENT BETWEEN BLOCK A AND LOT 1, ALONG THE SIDE OF BLOCK A, AND ALONG THE REAR OF LOTS 1 THROUGH 5, BLOCK 2, SOUTH AIRES SUBDIVISION NO. 1, UPON DEDICATION AND DELIVERY TO THE CITY OF A SUBSTITUTE 10 -FOOT EASEMENT PERPENDICULAR TO AYERS STREET ALONG THE SOUTH SIDE OF THE PROPOSED LOT 11, BLOCK 2, SOUTH AIRES SUBDIVISION NO. 1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Chprter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. ORDINANCE NO. 10123 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REAL ESTATE. SALEStONTRACT ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION OF LAND AND IMPROVEMENTS DESCRIBED HEREIN BELOW, OWNED BY BURLEY F. FELLOWS AND BARBARA FELLOWS; APPROPRIATING OUF OT NO. 202 WATER SYSTEM BOND FUND THE SUM OF $4,387, OF WHICH $4,237 IS FOR ACQUISITION AND $150 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COST APPLICABLE TO PROJECT NO. 202-68-29.1, GREENWAY 48" TRANSMISSION WATER MAIN LINE FROM CALALLEN RIGHT-OF-WAY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bradley was absent. Mr. Jim Gillin, spokesman for the Tax Payers Association, appeared and protested the ordinance granting Southwestern Bell Telephone Company a rate increase,of 1.2.9 percent allowing the company additional revenues of $1.2 million annually. He stated that some services would be increased to as much as 30 percent, and felt that the Company should be required to publish computation of their profits and revenues received from telephone subscribers the same as other major franchise holders. Mr. Gillin requested that adoption of the proposed ordinance be held in abeyance until the Bill now before the State Legislature, which would give cities more powers to regulate, is disposed of. Minutes Regular Council Meeting February 24, 1971 Page 12 Mayor Blackmon announced a brief recess before the scheduled public hearings during which time the Council held the Corpus Christi Municipal Gas Corporation Meeting. Mayor Blackmon departed the meeting at this time. Mayor Pro Tem Gabe Lozano reconvened the meeting and announced the Council would not hold the scheduled public hearing on assessments for the proposed street improve- ments on Gollihar between Ayers and Kostoryz Street. He asked that it be noted that a quorum was present, and stated that Assistant City Attorney iiobby L. Terry would conduct the hearing. Mr. Terry explained the purpose of the 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 Assessment Roll, and stated 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. Gerald!Smith, Chief Engineer of the Public Works Department presented the plans and specifications for the proposed improvements and testified as to the nature and extent of the proposed assessments. He explained that the project is part of the total improvements on Gollihar from Greenwood to Dody; that the pavement will measure 61 feet from bock of curb; will include the construction of four -foot wide sidewalks on both sides of the street; will include concrete driveways where needed and required by the property owners; and also construction of storm sewer extensions and sewer appurtenances Where required. He stated the total contract price of the project is $274,840.45; that the total assessments (Preliminary roll) are $62,241.47; and that the total cost to the City is $212,598.98. Mr. Harold Carr, the 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; that he had personally viewed the preliminary assessment roll and 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 to the extent of the assessments. • • Minutes Regular Council Meeting February 24, 1971 Page 13 Property owners present were given the opportunity to question Mr. Smith relative to the plans and specifications, and to question Mr. Carr as to the bases for his opinions, as related to their specific properties. Mayor Pro Tem Lozano gave each jSroperty owner an opportunity to state his objections to the proposed assessments as they appear on the preliminary assessment roll. Item #36, Calvary Baptist Church - Reverend Chas. R. Dooley spoke on behalf of the Church property stating that they will lose approximately one-half of their parking space and that the church does not feel the property will be enhanced in the amount of the assessment for this reason. He stated that the 22 spaces which have been used for head -in parking will be changed to parallel parking as a result of the improve- ments, and that this available space was a factor taken into consideration when the property was purchased. Mr. Carr pointed out that the property in question has a lot of frontage with off- street parking, and that they are being assessed the residential rate; that it is his opinion that the property will be enhanced since the head -in parking in question is partially located on City property and the Church could not lose something they never had. He explained that they would still be allowed to use the street for pdrking but would become parallel parking instead of head -in. Item #66, R. J. Earnest - Mrs. Earnest stated her house is constructed to face on Nesbitt and is being assessed for frontage on Gollihar Street. Mr. Carr explained that this property is platted with a 56 -foot frontage on Gollihar and is considered to be a lot facing on Gollihar even though the house is constructed to face on Nesbitt. He stated it is being assessed for 56 feet on Gollihar and 45 feet around the corner, that because of the extra depth it will receive the full benefit of the paving, and in his opinion will be enhanced in value at least the amount of the assessment. Item #49, Maurice J. Browder - Mrs. Browder stated the assessment seemed excessive and did not feel her property would be enhanced. She inquired if she had been given credit for existing sidewalk. +r • Minutes Regular Council Meeting February 24, 1971 Page 14 Mr. Smith explained that she had been credited with existing sidewalk and that because of that, the amount was reduced approximately one-half. Item #48, W. E. Buffington - Mrs. Buffington stated she objected to the amount of the assessment, and felt the costs of street improvements should be;hared by all who use the streets. Item #18, 5. C. Campbell - Mrs. Campbell stated she did not feel the value of her property would be enhanced as a result of the improvements because the houses will be closer to the street, that traffic will be closer to the houses and increased in volume. She stated she is being charged with two pieces of property but owns only one; that the parcel under Item #58, Lot A-1,and A-2, Block 2, 8rooklawn Subdivision, had been sold. Mr. Joe Pierce of the Public Works Department stated the ownership of the property under Item #58 was in error and would be corrected for record, and that Mrs. Campbell would not be assessed. Mr. Carr explained that this area is in a state of transition; that the lots are unusually deep; that many purchases are being made on the basis that the property could be put to a better use, and that already the land is selling for very attractive prices. He further pointed out that the increased traffic will more more smoothly as a result of the improvements with much less nuisance to the residents as has been a proven fact on other recently improved major thoroughfares. No one else appeared to be heard in connection with the proposed street improve- ments. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. The Council agreed to table the matter of assessments on the foregoing street improve- ment project for further consideration. Mayor Pro Tem Lozano announced the public hearing on Application #271-12, Wallmar Developments, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwel ling District, on Lots 1 through 18, Block 25, Egyptian Place, Unit 2, located in the 900 Block of Egyptian Drive. • • Minutes Regular Council Meeting February 24, 1971 Page 15 Senior City Planner Larry Wenger pointed out the location of the property and described the existing zoning and land uses in the surrounding area, stating there are four duplexes south of the area and another under construction; that there is vacant property to the north, and the remainder developed with scattered single-family units. He explained that FrankPeerman had made a previous request on this property in 1968 and that a Special Permit had been granted for apartment use, that the development did not take place and he had since sold a portion of the property. Mr. Wenger stated that since the original application had been altered the original Special Permit was considered void, and that 18 duplex buildings containing 36 units are proposed. He stated the application was heard by the Commission February 16, 1971j that no one appeared in opposition; that prior to the hearing the Staff mailed out 11 notices, one received in favor and one in opposition and one received in opposition after the hearing; that it was the recommendation of both the Staff and Commission that the request be approved as submitted. No one appeared in opposition to the foregoing request. Motion by McDaniel,seconded by Sizemore and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application 0271-12, Wall - mar Developments, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, on Lots 1 through 18, Block 25, Egyptian Place, Unit 2, located in the 900 Block of Egyptian Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. ORDINANCE NO. 10124 AMENDING THE ZONING ORDINANCE OF TI -E CITY OF CORPUS CHRISTIsADOPTED 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 WALLMAR DEVELOPMENTS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THROUGH 18, BLOCK 25, EGYPTIAN PLACE, UNIT 2, LOCATED IN THE 900 BLOCK OF EGYPTIAN DRIVE SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 24, 1971 Page 16 The Charter Rule wasisuspended and the foregoing ordinance was passed by the following vote: Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon and Bradley were absent. 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 February 1, 1971, to February 28, 1971, inclusive, and having been previously approved by Council action, are by me hereby approved. ( 44 • J C R. BLACKMON, Mayor of Corpus Christi, Texas