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HomeMy WebLinkAboutMinutes City Council - 06/21/1972PRESENT: • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 21, 1972 3:00 P.M. Mayor Pro Tem Chas. A. Bonniwell Commissioners; Roberto Bosquez, M. D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Hall. Chaplain. • City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Pro Tem Bonniwell called the meeting to order in the Council Chamber of the The Invocation was given by Commissioner Branch in the absence of the invited Guest City Secretary T. Ray Kring called the roll of those in attendance. Motion by Stark, seconded by Gonzales and passed, that the absence of Mayor Sizemore be excused for cause. Representatives from the U. S. Army Material Group, Col. H. L. Baker and Lt. Col. Bruce Crowell, presented Mayor Pro Tem Bonniwell with a plaque and scroll made by the officers and men aboard the "Corpus Christi Bay", expressing appreciation for the continued interest and understanding support of the City Council and citizens of Corpus Christi to the personnel aboard the USNS Corpus Christi Bay. They also presented a painting of the ship which is now in opera- tion off the coast of South Vietnam. Minutes of Regular Meeting of June 7, 1972, were approved as presented to Council. Mayor Pro Tem BonniwelI coiled for the opening of bids. City Manager stated it was his recommendation that the bids scheduled to be opened at this time on the Corpus Christi Marina Improvements - Concession Stand, Bait Stand and Transformer Vaults Remodeling - be deferred one week to provide more opportunity for bid preparation, and that bidders having submitted bids today hove the option of either taking the bid back or leave with the City Secretary to be opened next week. City Attorney Riggs questioned the legality of deferring the bid opening, stating the bidder is put in the position of waiting for further competition which does not seem fair. City Secretary Kring reported that one bid had been received and that the bidder had indicated he had not had sufficient time to prepare the bid. Motion by Lozano, seconded by Stark and passed, that the opening of bids for the Corpus Christi Marina Improvements be deferred for one week. • • Minutes Regular Council Meeting June 21, 1972 Page 2 Bids were opened and read by Director of Engineeririg Services for the Clarkwood, San Juan and McNorton Sanitary Sewer Improvements, Contract No. 2, from the following firms: Heldenfels Brothers; King Construction Company; T. H. Lee; Maverick Construction; Burtex Construction Company; Cactus Utility Company; and Arnold Utility Contractors. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Bonniwell called for the City Manager's Reports. Motion by Stark, seconded by Gonzales and passed, that the City Manager's Reports, Items "a" through "j" be accepted, and that the requests and recommendations be granted and approved as follows: a. That a contract for one Portable Basketball Floor less storage for Memorial Coliseum be awarded to Cincinnati Floor Company for their low bid of $16,500.00, bids having been received from three firms. (Bid Tabulation 0.II-72) b. That West Shoreline Boulevard (Rincon Street) between the north right-of-way line of Carroll Street and the easterly extension of North Boundary line of Lot 2, Block 105, Beach Portion, and Dan Reid Street between North Shoreline Boulevard (Rincon Street) and the northerly extension of the east boundary line of Lot 7, Block 93, Beach Portion in the Science Park area, be closed subject to retention of utility easements in the Science Park area. The public hearing was held September 22, 1971, but the streets have not been formally closed, which must be accomplished in order to clear title in this area to the Corps of Engineers' property. c. That the City Manager be authorized to execute a quitclaim deed for certain property in the Science Park area to the Corps of Engineers, which deed involves a very small strip in Dan Reid Street and North Shoreline Boulevard (Rincon Street). d. That the revocable permits granted to Republic National Life Insurance Company and Shoreline Corporation on June 7, 1972, for construction of temporary groins in Corpus Christi Beach area be assigned to Tim Clower, Trustee, and Condominiums Corpus Christi, Ltd. respectively, because of a change of ownership of the properties. • • Minutes Regular Council Meeting June 21, 1972 Page 3 e. That Parcel No. 6, required for the construction of Staples -Baldwin Intersection and needed at the corner of Swantner and Louisiana to provide better right-hand turn movement where Swantner is to be widened at this location, be acquired from Mr. W. J. Roberts, and that an appropriation in the amount of $257.00 for acquisition, be authorized. The project is part of the TOPICS Program and jointly financed by the City and the State Highway Department. f. That the construction of an addition to T. C. Ayers Recreation Center by Lee Roy Cole Construction Company be accepted as complete and final payment in the amount of $15,364.21, be authorized, the total amount of the contract being $49,234.00. g. That the City Manager be authorized to execute a contract -application with the National League of Cities-U.S.Conference of Mayors for $6,300.00 to provide a Summer Youth Transportation Program, with the City's share being $1,575, all in-kind. The project will provide employment, related transportation for disadvantaged youth and also transpor- tation for Recreation Support Program. h. That the 1971-72 Budget for Police Administration be amended to substitute a Police Commander for an Administrative Assistant II, since recruitment for a non -police individual has not located the combination of experience and education deemed necessary for the position, and capability does appear to exist at the Commander level to carry out this assignment. i. That the franchise of Courtesy Advertising Company to provide public service benches for the City Transit customers be extended for an additional five years. The franchise holder pays to the City 10 percent of the gross receipts received for advertising, and the revenue for the past year was $2,935.13. j. That the City Manager be authorized to execute contracts for construction of improvements to Lexington Park, Pine and Pueblo Park, and T. C. Ayers Parking Lot, as follows: (I) General Improvements, to E J. Netek for $28,400.00; (2) Irrigation Improve- ments, to South Texas Lawn Sprinkler Company, for $22,000.00; and (3) Landscaping Improvements, to Curries, Inc., for $7,600.00; for a total amount of $58,000.00 for the three contracts; and that an appropriation of $58,000, of which $56,043.36 is for the construction contracts and $1,956.64 for contingencies, be authorized. Federal Funds under the Urban Beautification Act will provide $28,021.67 for these projects. • Minutes Regular Council Meeting June 21, 1972 Page 4 City Manager Townsend presented the pending zoning application #1171-10, Santa Fe Land Company, for change of zoning from "AB" to "B-5" on all of Block III, Ocean View Addition, on which a public hearing was held on December 22, 1971, and a Special Permit approved subject to an approved site plan. He explained that the six -months time limitation for Council action on this case will expire as of this date and that the applicants have indicated they are not in a position to submit a site plan. Motion by Lozano, seconded by Branch and passed, with Gonzales and Bonniwell voting "Nay", that Application #1171-10, Santa Fe Land Company, for change of zoning from i'AB" to "8-5" on all of Block III, Ocean View Addition, be denied and in lieu thereof "B-4" General Business District be granted, and that an ordinance be brought forward effec- tuating the change. City Manager Townsend presented the pending item of zoning Application #472-5, Generosa Vasquez, for change of zoning from "R -IB" to "B -I", on all of Lot 15, Block 1, Casa Blanca Subdivision, on which a public hearing was held May 17, 1972, and approved providing deed restrictions are filed restricting the on -premise sale of alcoholic beverages. He stated that the deed restrictions to this effect have been submitted, and it is his recommen- dation that an ordinance be brought forward. The Council concurred with the recommendation. ORDINANCE NO. 10923 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT LEASING THE SPACE, BUILDING AND FIXTURES KNOWN AS THE ART MUSEUM BUILDING AT 902 PARK AVENUE TO THE ART COMMUNITY CENTER, IN ACCORDANCE WITH THE TERMS AND CON- DITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", The foregoing ordinance was read for the third time and passed finally by the following vote: Bonniwell, Branch, Bosquez, Gonzales, Lozano, Stark, present and voting "aye Sizemore was absent. SECOND READING OF AN ORDiNANC'c AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AND WITHOUT LIMITATION, THE CITY OF CORPUS CHRISTI ZONING ORDINANCE ADOPTED ON AUGUST 27, 1937, RECORDED IN VOLUME 9, PAGE 565, ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, AS THEREAFTER FROM TIME TO TIME AMENDED, INCLUDING BUT NOT LIMITED TO THE AMENDMENT OF ORDINANCE NO. 6106, OF MARCH 29, 1961, AS AMENDED; AND MORE PARTICULARLY AMENDING SAID CODE AND ORDINANCE BY THE REPEAL OF ARTICLE 28. LARGE-SCALE DEVELOPMENTS -- THE COMMUNITY UNIT PLAN; AND SUB- STITUTING FOR AND IN LIEU OF SAID ARTICLE 28 A NEW ARTICLE 28. PLANNED UNIT DEVELOPMENTS; STATING SCOPE AND PURPOSE; APPLICABILITY AND LIMITATIONS; • Minutes Regular Council Meeting June 21, 1972 Page 5 DEFINING TERMS; FIXING MINIMUM REQUIREMENTS ON LOT SIZES, PERMITTED USES, DENSITY, HEIGHTS AND PERIPHERAL YARD REQUIREMENTS, VEHICULAR ACCESS AND CIRCULATION; PARKING STANDARDS, PEDESTRIAN ACCESS, BUILDING SPACING, SUBDIVISION DESIGN STANDARDS, COMMON AREA CONTROL, ZONING APPLICA- TION PROCEDURE, PUD PLATTING, THE PLAN OF DEVELOPMENT, PLAN REVIEW AND APPROVAL PROCEDURE, AND CHANGE -OF -PLAN PROCEDURE; KEEPING ALL OTHER PROVISIONS OF CITY ORDINANCES IN FULL FORCE AND EFFECT; PROVIDING PENAL- TIES; PROVIDING FOR NOTICE BY PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING SEVERABILITY, The foregoing ordinance was read for the second time and passed to third reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. FIRST READING OF AN ORDINANCE EXTENDING THE BENCH FRANCHISE GRANTED TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, BY ORDINANCE NO. 8046 AND EXTENDED BY ORDINANCE 8565, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING JUNE I, 1972, AND ENDING MAY 31, 1977; CONTINUING IN EFFECT THE SAID FRANCHISE HERETOFORE GRANTED. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. ORDINANCE NO. 10924 AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT TO TIM CLOWER, TRUSTEE, TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE ABUTTING ALL OF BLOCKS 4 AND 5 OF THE CORPUS CHRISTI BEACH HOTEL ADDITION, FOR THE PURPOSE OF CONSTRUCTING TEMPORARY GROINS TO CONTROL EROSION OF THE PRIVATE AND PUBLIC PROPERTY, A COPY OF SAID PERMIT BEING 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. ORDINANCE NO. 10925 AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT TO CONDOMIN- IUMS CORPUS CHRISTI, LTD. TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE ABUTTING BLOCK A OF A REPLAT OF BLOCKS 14, 15, 16, 17, 30, 31 AND 32 in BROOKLYN ADDITION, FOR THE PURPOSE OF CONSTRUCTING TEMPORARY GROINS TO CONTROL EROSION OF THE PRIVATE AND PUBLIC PROPERTY, A COPY OF SAiD PERMIT BEING 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. Minutes Regular Council Meeting June 21, 1972 Page 6 ORDINANCE NO. 10926 AUTHORIZING THE CITY MANAGER TO EXECUTE A SUB -CONTRACT WITH THE NATIONAL LEAGUE OF CITIES-U.S.CONFERENCE OF MAYORS, INC. FOR THE 1972 SUMMER YOUTH TRANSPORTATION PROGRAM, CONTRACT NO. 11-2-0529-000, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. ORDINANCE NO. 10927 CLOSING A PORTION OF NORTH SHORELINE BOULEVARD (RINCON) BETWEEN HIRSCH STREET AND LOT 2, BLOCK 105, POPE AND ANDERSON, AND THE PORTION OF DAN REID STREET LOCATED BETWEEN N. SHORELINE (RINCON) AND LOT 7, BLOCK 93, BEACH PORTIONS, LOCATED IN THE BAYFRONT SCIENCE PARK; RESERVING THE NECESSARY EASEMENTS FOR EXISTING UTILITIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. ORDINANCE NO. 10928 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A QUIT CLAIM DEED IN CERTAIN DESCRIBED PROPERTY IN THE SCIENCE PARK AREA TO THE UNITED STATES OF AMERICA (CORPS OF ENGINEERS) IN ACCORDANCE WITH THE ATTACHED QUIT CLAIM DEED WHICH IS MADE A PART HEREOF BY REFERENCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. ORDINANCE NO. 10929 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CURRIE, INC. FOR THE CONSTRUCTION OF LANDSCAPING IMPROVEMENTS IN LEXINGTON PARK, PINE & PUEBLO PARK AND T. C. AYERS PARKING LOT; APPROPRIATING OUT OF NO. 291 PARK BOND FUND $7,600 ($7,323.68 BEING FOR THE CONSTRUCTION CONTRACT AND $270,32 FOR CONTINGENCIES AND INCIDENTAL EXPENSES); OF SAID TOTAL APPRO- PRIATION, $1,460.15 IS FOR LEXINGTON, PROJECT NO. 291-70-10-6 ($1,407.65 BEING FOR CONSTRUCTION CONTRACT AND $52.50 FOR CONTINGENCIES), $361.10 IS FOR PINE AND PUEBLO PARK, PROJECT NO. 29!-70-!8 ($347.28 BEING FOR CONSTRUCTION CONTRACT AND $13.82 FOR CONTINGENCIES), $5,778.75 i5 FOR T. C. AYERS PARK, PROJECT NO. 291-70-19 ($5,568.75 BEING FOR CONSTRUCTION CONTRACT AND $210 BEING FOR CONTINGENCIES); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. • • Minutes Regular Council Meeting June 21, 1972 Page 7 ORDINANCE NO, 10930 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. J. NETEK CONSTRUCTION COMPANY FOR GENERAL IMPROVEMENTS TO LEXINGTON PARK, PINE & PUEBLO PARK, AND T. C. AYERS PARKING LOT; APPROPRIATING OUT OF NO. 291 PARK BOND FUND $28,400 ($27,497 BEING FOR CONSTRUCTION CONTRACT AND $903 BEING FOR CONTINGENCIES AND INCIDENTAL EXPENSES); OF SAID TOTAL APPROPRIATION, $9,248 15 FOR LEXINGTON PARK, PROJECT NO. 291-70-10.6 ($8,950 BEING FOR CONSTRUCTION CONTRACT AND $298 FOR CONTINGENCIES), $17,895 15 FOR PINE & PUEBLO PARK, PROJECT NO. 291-70-18 ($17,327 BEING FOR CONSTRUCTION CONTRACT AND $568 FOR CONTINGENCIES), AND $1,257 IS FOR T. C. AYERS PARKING LOT, PROJECT NO. 291-70-19 ($1,220 BEING FOR CONSTRUC- TION CONTRACT AND $37 FOR CONTINGENCIES); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. ORDINANCE NO. 10931 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTH TEXAS LAWN SPRINKLER COMPANY FOR THE CONSTRUCTION OF IRRIGATION IMPROVE- MENTS IN LEXINGTON PARK, PINE & PUEBLO PARK AND T. C. AYERS PARKING LOT; APPROPRIATING OUT OF NO. 291 PARK BOND FUND $22,000 ($21,222.68 BEING FOR THE CONTRACT AND $777.32 BEING FOR CONTINGENCIES AND INCIDENTAL EXPENSES); OF SAID TOTAL APPROPRIATION, $15,187,68 IS FOR LEXINGTON PARK, PROJECT NO. 291-70-10.6 ($14,651.06 BEING FOR CONSTRUCTION CONTRACT AND $536.62 FOR CONTINGENCIES), $3,894.64 I5 FOR PINE & PUEBLO PARK, PROJECT NO, 291-70-18 ($3,757.03 BEING FOR CONSTRUCTION CONTRACT AND $137.61 FOR CONTINGENCIES), AND $2,917,68 IS FOR T. C. AYERS PARKING LOT, PROJECT NO. 291-70-19 ($2,814.59 BEING FOR CONSTRUCTION CONTRACT AND $103.09 FOR CON- TINGENCIES); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. ORDINANCE NO. 10932 AUTHORIZING THE CITY MANAGER TO EXECUTE RIGHT-OF-WAY DEED AND DEDICA- TION WITH W. J. ROBERTS FOR ACQUISITION OF PARCEL NO. 6 APPLICABLE TO STAPLES STREET; BALDWIN INTERSECTION IMPROVEMENTS, PROJECT NO. 220-67-94; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $257 FOR THE ACQUISITION OF PARCEL NO. 6; AND DECLARING AN EMERGENCY. The Charter Rule wcs suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Broach, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. • Minutes Regular Council Meeting June 21, 1972 Page 8 FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CRYSTAL PETROLEUM COMPANY FOR A 5 -YEAR LEASE COVERING THE OPERATION OF THE MARINA FILLING STATION, IN ACCORDANCE WITH THE TERMS OF SAID CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF, The foregoing ordinance was read for the first time and passed to the second read- ing by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Sizemore was absent. ORDINANCE NO. 10933 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED 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 GENEROSA VASQUEZ BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING ON ALL OF LOT 15, BLOCK I, CASA BLANCA SUBDIVISION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "B -I" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN :EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Bonniwell and Bosquez present and voting "nay"; Sizemore was absent. ORDINANCE NO. 10934 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED 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 SANTA FE LAND CO. BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING ON LOTS 12 THRU 22, INCLUSIVE, BLOCK III, OCEAN VIEW, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bosquez, Branch, Lozano, and Stark, present and voting "aye"; Bonniwell and Gonzales Gresent and voting "nay"; Sizemore was absent. Mr. W. W. Dominy, 4013 Key West Drive, appeared in reference to the City's ordinance which requires that property zoned for iignt industrial uses be screened with a standard screening fence. Mr. Dominy stated he had recently purchased twenty acres of land which was platted as a one -lot subdivision and that he plans to build an office on the property. He explained that the property is located on Old Brownsville Road about one-half • Minutes Regular Council Meeting June 21, 1972 Page 9 mile west of Padre Island Drive and is surrounded by farm land; that the land was designated as single family use when it was annexed; that he now finds himself with a building that has been delivered and no place to construct it because under the terms of the ordinance, the fence required around the 20 acres would cost some $35,000 which is more than the cost of the building and economically prohibits its construction. He stated he has no firm plans for the development of the remainder of the tract. He stated he is not in a position to replat the property. (Council Exhibit #6-72) City Manager Townsend explained that Mr. Dominy has one 20 -acre lot which abuts "R -IB" and that according to the ordinance the fence would be required but agreed that this seems unreasonable in this instance. He stated the problem could be resolved by either replatting into two lots, by text amendment to rezone the surrounding area to follow the normal procedures of a zoning application, or a special permit with a fence around the building. The Council directed that the City Manager bring forth a recommendation for consideration at the workshop meeting next week and that Mr. Dominy be invited to attend. Mr. Wm. Liese, 4233 Shaw Street, appeared and complained that he had tried for three months to get a vacant lot next to his property cleaned of weeds and brush with no result. He stated he had made his complaint to the Mayor's Office, the Weed Control Division, and to Sparkle '70. He also complained of a traffic hazard at the nearby intersection, and requested that signs be erected on both sides of the street warning motorists to slow down. City Manager Townsend explained the legal procedures and length of time necessary to force owners to clean vacant lots, usually from six to eight weeks. Mayor Pro Tem Bonniwell requested that the City Manager make arrangements to have the lot cleaned next week. C'y Manager Townsend stated that he would do his best, Commissioner Branch called to the attention of the City Manager a drainage condition in the West Haven area, stating the subdivision had been developed at the rear of this area and had been graded higher than the adjacent property, and that water is draining and standing in the back yards of the residents. Minutes Regular Council Meeting June 21, 1972 Page 10 City Manager Townsend explained that the Staff is aware of this problem and presently in the process of requiring a subdivider to so drain his property so it will not drain across adjacent property. He stated the problem will be further investigated and a report submitted next week. Mayor Pro Tem Bonniwell announced the public hearing on assessments for street improvements on Airline Road from 300' north of Alameda Street to Ocean Drive. City Manager Townsend stated the purpose of the hearing and explained the procedure to be followed; that testimony will be heard from the City Engineer and evalua- tion testimony from a real estate appraiser to substantiate the assessments which appear on the assessment roll; and that this hearing is to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Senior Assistant City Attorney, Michael May, conducted the hearing. He interrogated Director of Engineering Services James K. Lontos as to his occupation, time of residence in the City; formal qualifications, and familiarity with the subject project. He called on Mr, Lantos to present the plans and specifications for the proposed improve- ments. Mr. Lontos described the overall project from a strip map; explained the nature, extent and specifications; stated that the plans and specifications have been prepared in accordance with the approved preliminary plans approved by Council action December 26, 1971; that the plans show Airline to be four moving lanes from Gaines to Ocean Drive with a continuous left turn lane from Gaines to Alameda; a right tum lane is proposed at Airline and Ocean Drive; the basic width k 49' measured from back of curb to back of curb, with the width becoming 61' from Gaines to Alameda; that storm sewers, curb and gutter and sidewalks are included; that the sidewalks are included along both sides of the street with the sidewalk tied to the curb along the north side and the sidewalk along the property line on the south side. He explained that the excavated material, other than broken concrete or other undesirable materials, would be placed along the parks on Ocean Drive near South Shores. He stated the total contract price, based on the low bid submitted by Heldenfels Brothers was $148,919.10; the total estimated assessments were $49,710.60, and the total • Minutes Regular Council Meeting June 21, 1972 Page 11 cost to the City was $109,208;50; 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 to the front footage of the abutting properties as shown on the preliminary assessment roll, Mr. Harold Carr testified as to his qualifications as a real estate appraiser, time of residence in the City, occupation, and familiarity with the subject project. He filed a statement of his qualifications with the City Secretary. He described the general area and uses, stating that he was familiar with the project, had examined each and every parcel of land; that there are no unusual shaped lots and few unusual conditions; that all the properties, other than the Seaside Memorial Cemetery and the South Shore Christian Church, either side up or back up to Airline, and that adjustments have been made on the assessment roll. He pointed out that the South Shore Christian Church fronts on Alameda and sides up to Airline and that the Church uses the property abutting Airline as a parking lot. He stated he had personally viewed the assessment roll relative to each of the properties, and that in his opinion, each of the properties, so assessed, would be enhanced in value at least in the amount of the assessment. To substantiate his opinion that Seaside Memorial Cemetery would be benefited in the amount of the assessment, Mr. Carr read and filed for record a statement, pointing out that the cemetery will receive benefits from the program in that the amenities of the cemetery and the adjoining neighborhood will be increased as shown by the landscaping; and that such amenities aid in the sale of cemetery plots; that improved drainage, general appearance of the cemetery, and the large portion which is undeveloped along Airline Rood will be especially benefited by the street improvements. Although no mention was made at the meeting, letters were filed for record from the following persons on behalf of the Seaside Memorial Cemetery in opposition to the opinion that the Cemetery would be benefited as a result of the improvements: Mr. Curtis Hall, 322 Wilson Building; Mr. Roy Caldwell, realtor, P, 0. Box 6424; and Mr. Vaughn Bowen, 517 Glazebrook. The opposition was generally on the basis that the land is dedicated for a single purpose, the value before and after such improvements would remain constant, and that no ingress or egress requirements will ever be needed from Airline Road. • Minutes Regular Council Meeting June 21, 1972 Page 12 Mr, Ken Loosemore, 4646 Wilma, inquired as to the plans for parking on either side of Airline and was advised that "No Parking" signs will be erected for both sides of the street, Motion by Branch, seconded by Lozano and passed, that the hearing be closed and tabled for evaluation of the foregoing testimony, Mayor Pro Tem Bonniwell requested that the record show that he disqualified himself from voting relative to Item 08, shown on the assessment Roll as Seaside Memorial Cemetery. There being no Further business to come before the Council, the meeting was adjourned at 4:30 p.m. June 21, 1972.