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HomeMy WebLinkAboutMinutes City Council - 03/29/1978PRESENT: Mayor Gabe Lozano, Sr. Council Members: David Diaz Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES + CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 29, 1978 2:00 P.M. Assistant City Manager Archie N. Walker City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Milton Muehlberger of the Abiding Savior Lutheran Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Motion by Diaz that the Minutes of the Special Council Meetings of February 15 and February 22, 1978 be approved as presented; seconded by Sample; and passed unanimously. Motion by Sample that Mayor Pro Tem Bob Gulley and Council Member Ruth Gill be excused for just cause; seconded by Holt; and passed unanimously. Mayor Lozano announced the issuance of the following proclamations: "DOCTORS DAY" - March 30, 1978 and "SUICIDE PREVENTION WEEK"- April 2-8, 1978. Mayor Lozano announced the public hearing on the closing of Minton Street from N. Port Avenue east to the railroad right-of-way at the request of the abut- ting property owners, Southland Battery Warehouse, Inc. and Crane Welding Supply. Southland Battery wants to use a portion of the right-of-way for a parking area. If the street is closed, the full width will need to be retained as a utility easement for a sanitary sewer line and CPL power facilities. Assistant City Manager Archie N. Walker located the street on the map and explained that the street is presently unopened; there are no curbs, gutters or sidewalks; and Southland Battery desires to utilize the right-of-way for parking. matter. Mayor Lozano inquired if anyone in the audience wished to speak on this MICROFILMED a 03 14_GN Minutes Regular Council Meeting March 29, 1978 Page 2 Mr. Bryce McCormick, speaking in favor of the street closing, informed the Council that the street is blocked by railroad tracks and can never be opened; the street is grown up in weeds and brush and is a fire hazard; he desires to have the street closed so that some use may be made of the property; and if the street is closed, the property will be placed on the tax rolls. Mr. McCormick indicated that there is a question in regard to the width of the easement that is required for utilities in that Public Utilities has requested 10 feet, and Engineering and Physical Development has requested 20 feet. Assistant City Manager Walker stated that the staff has recommended to the Council that the full width of the street be retained for the easement to provide for utility service to go into the area. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that Minton Street be closed from N. Port Avenue east to the railroad right-of-way; seconded by Juarez; and passed unanimously. Mayor Lozano called for the City Manager's Reports. Assistant City Mana- ger Walker presented the following items with related comments and explanation: a. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on April 19, 1978 on the following zoning application: (1) Temet Corporation: "R -1B" to "B-1", located on the south side of Cain Drive, approximately 92' east of Everhart Road. b. Recommendation that bids be received at 11:00 A.M., Tuesday, April 18, 1978 on 600 lineal feet (1 piece) of replacement 4-1/8" heavy duty irrigation hose for subsurface injection of sludge for the Wastewater Services Division at the Oso Plant. c. Recommendation that bids be received at 11:00 a.m., Tuesday, April 18, 1978 for an electric convection oven (double stack), a 60 quart automatic mixer, and a walk-in freezer for Senior Community Services. The equip- ment is included in a supplemental $20,000 grant from the Governor's Committee on Aging for food and kitchen equipment. The grant was approved by the City Council last September. d. Recommendation that two replacement 200 amp electric welding machines for the Gas Division be purchased from WELDERS EQUIPMENT COMPANY, INC. Corpus Christi, on the basis of low bid of $4,042.30 including trade-in of two 10 year old units. Two bids were received. e. Recommendation that a replacement air compressor for the Sanitation Division be purchased from CORPUS CHRISTI EQUIPMENT COMPANY on the basis of low bid of $4,699. The compressor is used to blow dirt and trash from equipment radiators, motors and tracks at the landfills to prevent overheating and engine damage. Mi yes Regular Council Meeting March 29, 1978 Page 3 f. Recommendation that $48,310 be transferred from the General Fund Reserve for the purchase of six additional patrol cars, including $32,100 for the cars, $11,400 for 6 radios and $4,810 for related equipment such as light bars, sirens and push bars to expand the number of patrolling beats from 16 to 22. The beats will be composed of 10 two-man units and 12 one-man units. This arrangement will allow an expansion of patrol coverage of 37.5%. g. Recommendation that the plans and specifications for improvements to a portion of the Hearn Road drainage ditch and extension of a portion of sanitary Sewer 34-A, Section 4 through this portion of ditch right- of-way be approved and bids be received April 19, 1978. The Hearn Road ditch includes shaping, grading, realigning and seeding from I.H. 37 to the City water transmission line. The line will eventually provide service to the Hearn Road, Brookhaven and Five -Points area. h. Recommendation that the following actions be taken in connection with the provision of sanitary sewer service in South Staples Street from Holly to Wooldridge Road. (1) Plans and specifications be approved and bids be received on April 19, 1978. (2) Agreements be authorized with the property owners along South Staples Street regarding participation in the sewer line construction. Five property owners have indicated they are willing to provide $26,000. i. Recommendation that a 10' x 595' utility easement along the north side of Lots A & B, Block C, Lokey Subdivision, located on the east side of Staples Street near its intersection with Holly Road be abandoned at the request of the property owner, subject to dedication of alternate easements. j• Recommendation that the contract for electrical wiring and associated work for the theater lighting equipment of the Auditorium, including alternates No. 1 and No. 2 for chandeliers, be awarded to N. R. Johnston Electric Company for $71,960. An appropriation of $24,000 is needed to supplement $56,000 which was previously appropriated for the contract award and related fees and other costs. k. Recommendation that the request of Nottarb Place developers to construct a lift station and force main adequate to handle the existing as well as proposed development be approved. The force main will be constructed along Weber Road and the sewer system will be tied to the Schanen sanitary sewage collection system. Ultimately the area will be connected to a proposed line along Saratoga. The lift station will be built and paid for by the developers. 1. Recommendation that the configuration of land drilling block numbers: 1067, 1070 - 1073, 1079, 1082, 1102, 1103, 1006 - 1109, 1112, 1113, 1123, 1148, 1149, 1152, 1153, 1548 - 1586 and 1590 be redefined to to complete the drilling block reconfiguration in the Airport area started recently at the request of Canus Petroleum, Inc. Notice of intention to amend these drilling block boundaries was published in the official City newspaper as required by the Land Drilling Ordinance. The amendment is also recommended so that abutting mineral owners will not be forced to join with City property in unitizing mineral acreage in the Airport area. m. Recommendation that Section 2-119 of the City Code be amended to provide that the Area Engineer in the local office of the U.S. Army Corps of Engineers shall be an ex -officio member of the Marina Board. A motion was passed by the City Council on June 14, 1972 providing that this position be an ex -officio member but an ordinance was never passed. Minutes Regular Council Meeting March 29, 1978 Page 4 n. Recommendation that the following actions be taken in connection with the Annexation Election on April 1, 1978: 1. Amend Ordinance No. 14202 as follows: Delete from the caption and Section 5 the following phrase: "and with the West Oso Independent School District"; Change the special canvass board by substituting Rose Rubio for Dora Vetters and Marion Bland for Bette Harris; and Change the polling places in the following precincts: Precinct From To 1 Old Courthouse, Central Jury Room • Old Courthouse, County Court #2 15 & 24 West Oso High School Skinner Elementary School First Aid Room 2. Appoint the following presiding judges and alternate judges by motion: Precinct 9 15, 24 & 80 18 29, 34 & 100 101 103 & 111 117 Presiding Judge Alternate Judge Mr. J. B. Parker, Jr. Mrs. Lucia Lopez Ortiz Mrs. Susan Milloy Taft Mrs. Ovidio Cardenas Mr. Earl Hodges Mr. J. L. Bowles Mr. Gordon Irwin Mrs. Elizabeth Price Mrs. Rebecca Garcia Mrs. Penny Gandy Mrs. Rosa Vallejo Mr. J. D. Williams Mrs. Avis Bowles Mrs. Helen Kubik 3. Call a special Council Meeting for 4 p.m. on April 3, the election and, if the election result is approval, annexation. 1978 to canvass institute the o. Recommendation that a closed meeting be held to discuss pending litigation and appointment of personnel. In regard to Item "1", Mayor Lozano inquired if the abutting mineral owners could join with City property in unitizing mineral acreage in the Airport area if they desired, and Assistant City Manager Walker stated that they could do so but they will not be forced to do so. In regard to Item "j", Council Member Diaz inquired about the items included in this bid award for theater lighting equipment for the Auditorium. Mr. James K. Lontos, Director of Engineering and Physical Development, informed him that the recommended award includes $56,666 for the base bid, $7,242 for Alternate No. 1, and $8,052 for Alternate No. 2. Mi..,.ces Regular Council Meeting March 29, 1978 Page 5 Council Member Diaz referred to Item "m", in regard to the membership of the Marina Board, and asked if this meant that the Area Engineer of the local office of the U. S. Army Corps of Engineers would always be an ex -officio member of that Board. City Secretary Read explained that this appointment was approved by motion at the time Mr. Bill Sky -Eagle was appointed, and this is to clarify the ordinance to assure that the person holding this position will always be an ex -officio member. There were no comments from the audience on the City Manager's Reports. Motion by Holt that the City Manager's Reports, Items "A" through "o", be accepted; seconded by Juarez; and passed unanimously. Assistant City Manager Walker suggested that a very short closed meeting be held at this time to discuss pending litigation and appointment of personnel. Motion by Sample that the Council go into closed session under the author- ity granted under Article 6252-17 of V.A.C.S.; seconded by Juarez; and passed unanimously. The Council went into closed session at 2:25 p.m. * * * * * * Mayor Lozano reconvened the Regular Council Meeting at 2:36 p.m. Mayor Lozano called for the ordinances. Assistant City Manager Walker briefly explained the ordinances on the agenda. There was no discussion in regard to the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 36-38, SALE OF ALCOHOLIC BEVERAGES SO AS TO AUTHORIZE THE CONVENTION CENTER MANAGER TO APPROVE THE SALE OF BEER FOR EVENTS AT THE COLISEUM AND EXPOSITION HALL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye", Gulley and Gill, Absent. THIRD READING - ORDINANCE NO. 14240: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 35, ARTICLE II, LAND DRILLING, EXHIBIT "A", OF SECTION 35-65 SO AS TO CHANGE THE BOUNDARIES OF DRILLING BLOCKS 1067, 1072, 1078, 1083, 1090, 1096, 1585, 1587, 1588, 1589, 1591, AND 1592, TO MORE PROPERLY REFLECT SUBSURFACE MINERAL OWNERSHIP, MAPS OF WHICH ARE ON FILE IN THE OFFICE OF THE PETROLEUM SUPERINTENDENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye"; Gulley and Gill, Absent. Minutes Regular Council Meeting March 29, 1978 Page 6 ORDINANCE NO. 14241: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 35, ARTICLE II, LAND DRILLING EXHIBIT "A" OF SECTION 35-65 SO AS TO CHANGE THE BOUNDARIES OF DRILLING BLOCKS 1067, 1070, 1071, 1072, 1073, 1079, 1080, 1081, 1082, 1102, 1103, 1106, 1107, 1108, 1109, 1112, 1113, 1123, 1148, 1149, 1152, 1153, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555, 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566, 1567, 1568, 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586, AND 1590, TO MORE PROPERLY REFLECT SUBSURFACE MINERAL OWNERSHIP, MAPS OF WHICH ARE ON FILE IN THE OFFICE OF THE PETROLEUM SUPERINTENDENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule *as suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye"; Gulley and Gill, Absent. ORDINANCE NO. 14242: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH N. J. JOHNSTON ELECTRIC COMPANY FOR THE ELECTRICAL WIRING AND ASSOCIATED ELECTRICAL WORK AT THE CORPUS CHRISTI COMMUNITY AUDITORIUM; APPROPRIATING AT TOTAL OF $24,000 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND TO SUPPLEMENT $56,000 PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 12547 ON MARCH 26, 1975 OUT OF THE NO. 208 AUDITORIUM BOND FUND, FOR A TOTAL PROJECT COST OF $80,000, OF WHICH $71,960 IS FOR THE CONSTRUCTION CONTRACT AND $8,040 IS FOR CONTINGENCIES, INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO PROJECT 209-76-7, AUDITORIUM IMRPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye"; Gulley and Gill, Absent. ORDINANCE NO. 14243: AUTHORIZING THE EXECUTION OF AGREEMENTS WITH FORREST C. ALLEN, CURRIE SEED AND NURSERY, WILLIAM B. PRUETT AND FRED BRASELTON, HEWMAT PROPERTIES AND MARK BRATTON AND COAST DEVELOPMENT FOR FINANCIAL PARTICIPATION IN THE COST OF CONSTRUCTION OF A SANITARY SEWER LINE IN SOUTH STAPLES STREET FROM HOLLY ROAD TO WOOLDRIDGE ROAD, ALL AS MORE FULLY DESCRIBEDIN THE AFORESAID AGREEMENTS, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A", "B", "C", "D" AND "E"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye"; Gulley and Gill, Absent. ORDINANCE NO. 14244: CLOSING AND ABANDONING A 10" X 595, UTILITY EASEMENT ALONG THE NORTH SIDE OF LOTS A AND B, BLOCK 1C, LOKEY SUBDIVISION, LOCATED ON THE EAST SIDE OF SOUTH STAPLES STREET NEAR ITS INTERSECTION WITH HOLLY ROAD, SUBJECT TO THE DEDICATION OF A 10 - FOOT ALTERNATE EASEMENT ALONG THE NORTH AND EAST PROPERTY LINES OF THE NORTHWEST ONE-HALF OF LOT 1, TRACT C, LOKEY SUBDIVISION, ALL AS MORE FULLY DESCRIBED ON THE MAP OR PLAT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Holt, Juarez, and Sample present and voting "Aye"; Gulley and Gill, absent. Minutes Regular Council Meeting March 29, 1978 Page 7 ORDINANCE N0. 14245: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 2-119, PERTAINING TO MEMBERSHIP OF THE MARINA BOARD, SO AS TO PROVIDE THAT THE AREA ENGINEER IN THE LOCAL OFFICE OF THE U.S. ARMY CORPS OF ENGINEERS SHALL BE AN EX -OFFICIO MEMBER OF SAID BOARD; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye"; Gulley and Gill, Absent. ORDINANCE NO. 14246: AMENDING ORDINANCE NO. 14202, THE ORDINANCE CALLING AN ELECTION TO BE HELD ON APRIL 1, 1978, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT CERTAIN AREAS ADJACENT TO THE CITY OF CORPUS CHRISTI SHOULD BE ANNEXED TO THE CITY OF CORPUS CHRISTI, BY DELETING FROM THE CAPTION AND FROM SECTION 5 OF SAID ORDINANCE, THE PHRASE, "AND WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT"; CHANGING THE NAMES OF THE CANVASSING BOARD AS APPEAR IN SECTION 7 BY SUBSTITUTING THE NAMES OF ROSE RUBIO AND MARION BLAND FOR DORA VETTERS AND BETTE HARRIS, RESPECTIVELY; AMENDING SECTION 6 SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 1 FROM THE CENTRAL JURY ROOM OF THE OLD COURTHOUSE TO COUNTY COURT #2 OF THE OLD COURTHOUSE, AND TO CHANGE THE POLLING PLACE FOR PRECINCTS 15 AND 24 FROM THE WEST OSO HIGH SCHOOL TO SKINNER ELEMENTARY SCHOOL FIRST AID ROOM, AT 1001 BLOOMINGTON; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye"; Gulley and Gill, Absent. ORDINANCE NO. 14247: REPEALING ORDINANCE NO. 14093;CLOSING AUSTIN STREET BETWEEN CHAMBERLAIN AND ANGEL STREETS SUBJECT TO CERTAIN CONDITIONS, MORE FULLY SET FORTH HEREINAFTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance.was passed by the following vote: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye"; Gulley and Gill, Absent. Assistant City Manager Walker indicated that he had a few matters to discuss with the Council prior to the scheduled public hearing at 3:30 p.m. Mr. Walker presented the Council with copies of the traffic report on the Crosstown Expressway which they had requested. Assistant City Manager Walker reminded the Council that they had inquired about the status of the Los Encinos Park project and stated that he had a memo- randum in regard to this matter and copies of this will be provided the Council. Minutes Regular Council Meeting March 29, 1978 Page 8 In further discussion of Los Encinos Park, Assistant City Manager Walker explained that City crews have cleared the property; the staff feels that within 30 days, the final dedication and sale of the property will be accomplished; fire hazards no longer exist; the owners of the property have agreed to reimburse the City for the cleanup; and the Park Department has submitted an application to the Youth Conservation Corps for site work and development. Council Member Diaz asked for a status report on the Convention Center. Assistant City Manager Walker stated that as of last week, the Architect has indicated that the plans will be before the City staff for review during the latter part of April or early May; the staff will review the plans and specifica- tions and work out any difficulties that may exist; and hopefully, they will be presented to the Council for approval and authority to receive bids in late June or early July. Council Member Diaz inquired about the number of working days scheduled if bid award is made in August. Mr. Walker stated that the construction period is two years, which could be delayed by inclement weather, but the projected com- pletion date is September, 1980, and bookings are being made for the Center for 1981. Council Member Diaz mentioned the many problems that would be encountered if large conventions are booked and the Convention Center is not completed. Assistant City Manager Walker stated that the City is simultaneously attempting to attract further housing and hotels to the area to handle rooms for those attending large conventions. Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Elizabeth Price, 4309 Loma Alta, representing the Senior Citizens of the Northwest Chapter of A.R.P. and on her own behalf, expressed concern about the sanitary sewer service connected with the llearn Road drainage ditch and the exten- sion of a portion of sanitary sewer line to serve the Five -Points area. She Minutes Regular Council Meeting March 29, 1978 Page 9 mentioned the large new housing development in the area, the development of Solar Estates and other housing developments in the area beyond Violet Road and on McRinzie Road and expressed concern about the septic tanks being used by these developments because they might contaminate the City's water supply. Mrs. Price suggested that something be done prior to all of this building. Mrs. Price also referred to another problem in her neighborhood in regard to vehicles exceeding the speed limit on Leopard Street at Loma Alta and the dif- ficulty residents of that street have gaining access to Leopard Street since there is a crest on the street which prevents drivers from being able to see approaching traffic. Assistant City Manager Walker addressed her remarks in regard to the large new housing development of Wood River and explained that the Director of Public Utilities has met with Robstown officials, and stated that they are working with the developer to extend the sewer system for the Hearn Road line to serve that area. In regard to the obstruction at Loma Alta and Leopard Streets, Mr. Walker stated that he will ask the Director of Engineering and Physical Development for a recommendation as to how this obstruction can be eliminated. Mrs. Betty Kepp addressed the Council in regard to the annexation election and expressed the opinion that voters should be informed as to just exactly which land will be annexed so they can vote intelligently. Mrs. Kepp also stated that she does not believe that the Council should delete or add to the property that is listed on the ballot. Mayor Lozano assured Mrs. Kepp that the areas listed on the ballot now will be annexed. He stated that reference had been made to a letter in regard to a refinery that has purchased land on one piece of property proposed for annexation and that other than this tract, all of the areas on the ballot are to be annexed. Mayor Lozano also mentioned a Letter to the Editor published in the Corpus Christi Caller which referred to the lack of facilities in Flour Bluff. He stated that this statement was not true and assured those in the audience that Minutes Regular Council Meeting March 29, 1978 Page 10 millions of dollars have been spent to provide utilities and other facilities for the Flour Bluff area after it was annexed. Council Member Diaz referred to the statement in the City Charter which requires that the same area that is voted on shall be annexed and assured Mrs. Kepp that he intended to follow that when voting on the annexation ordinance after the election. City Attorney J. Bruce Aycock confirmed that it is true that the Charter speaks of a given territory and stated that the same shall be annexed, but the State law supersedes the Charter in some respects. Mr. Aycock explained that the State law specifies that any property annexed must be 500 feet wide. He referred to the matter of the proposed refinery site and stated that this item came to the Council's attention after the election was called, but in order to have a mean- ingful public hearing, the Council would have to take these matters into consider- ation. Mr. Aycock assured Mr. Diaz that he was correct in interpreting the Charter in that way, but pointed out that the Council would have to yield to State law if it is in conflict with the Charter. Council Member Sample questioned Mrs. Kepp as to whether or not she was inquiring if the Council planned to annex the same territory that is listed in the annexation proposition. Mrs. Kepp indicated that this was her question and inquired if the Council has the power to decide after the election that some of the areas listed on the ballot may be excluded from annexation. Council Member Sample stated that the Council is indicating right now that ail of the property will be annexed. Council Member Holt also assured Mrs. Kepp that he will vote for annexa- tion exactly the way the voters approve it. Council Members Diaz and Sample also stated that they will vote to annex the same parcels as listed on the ballot. Mr. Putt Hill, of Jess Edwards, Inc., suggested that the Council all go on record that they will annex all property as proposed rather than deciding after the election just which property will be annexed. Minim �s Regular Council Meeting March 29, 1978 Page 11 Mayor Lozano also stated that he will vote to annex every parcel of land listed in the annexation proposition. Mr. Hill referred to land that his firm had purchased several years ago _with the plan to develop, but there are no City services on this land that was annexed in 1962. He stated that he would like to see the City provide services on land that has already been annexed. Assistant City Manager Walker stated that he was not sure about the exact location of the land Mr. Hill referred to, but stated that unless there is develop- ment in the area, there is no need to provide water and sewer services. He sug- gested to Mr. Hill that if he plans to develop the land, that he contact the City to see what can be worked out in regard to providing services. Speaking on another matter was Mr. A. C. Johnston, who informed the Council that he had written a letter to City Secretary Read on February 24, in which he had enclosed a statement for attorney's fees in connection with a case that had been presented to the Board of Adjustment on the matter of a proposed outdoor amusement type of facility. Mr. Johnston alleged that he had heard nothing from the City Secretary since the letter was written. He expressed the opinion that the controversy had developed because of an error made by the City staff and that he should be reimbursed for his legal expense. City Attorney Aycock informed Mr. Johnston that his letter had been referred to the Legal Department; that he has prepared a reply to Mr. Johnston which has not been mailed yet; but stated that there is no statutory provision to authorize the City to pay such a bill. Mr. Johnston contended that he should be reimbursed for the expense, and Assistant City Manager Walker informed the Council that they will be provided with a report on this matter. In regard to the annexation election, Mr. Ronnie Sizemore, 10001 Leopard, addressed the Council and explained that his group is opposing annexation but assured the Council Members that there is nothing personal in their opposition. He referred to remarks made during the Workshop Meeting and explained that he would be glad to answer any questions that the Council might have. Minutes Regular Council Meeting March 29, 1978 Page 12 Mayor Lozano assured Mr. Sizemore that they had been friends for years and he realized that there was nothing personal intended by the opposition to the annexation proposition, but pointed out that the Council had to make a decision as to what would be best for the City of Corpus Christi, and they felt that these fringe areas should be annexed. Mayor Lozano also stated that he realizes that Mr. Sizemore is opposed to the annexation since he owns property in the area to be annexed. Assistant City Manager Walker referred to the advertisement placed in the local newspapers by Mr. Sizemore and the group that opposes the annexation in which the opponents contend that the City is slowly annexing the industrial areas of the City. He emphasized that the City staff and the City Council had never proposed the annexation of the major industrial section. Mr. Sizemore indicated that the advertisement referred to a statement made by City Manager Townsend in which he had implied that the general trend is for cities to annex heavy industry and port -related industry. Assistant City Manager Walker reiterated that that has intention of the staff or the Council of this City: Mayor Lozano stated that he will never approve annexation of port -related industries, but he could not speak for future Councils. Mr. Sizemore then complimented the Council for their patience in allowing citizens to continue to speak on this matter and again stated that he is just generally opposed to annexation and the way this election had been called so quickly. never been the Mayor Lozano expressed the opinion that Mr. Sizemore and the others in opposition at this time would be opposed to the annexation regardless of when the election was called, since they own property in one of the areas to be annexed. Mr. Sizemore then referred to Council Member Holt's remarks in the Work- shop Meeting that he resented the implication that the Council Members were rats nibbling away at the industrial area as depicted in the advertisement referred to, stating that this ad was not meant to infer this connotation. Minutes Regular Council Meeting March 29, 1978 Page 13 Council Member Holt stated that he did feel that the Council Members had been referred to as rats in the ad but pointed out that he felt that those oppos- ing the annexation were really the rats who were attempting to avoid taxation by attempting to stop the annexation. Mr. Sizemore pointed out that there would be repercussions from citizens when they are annexed. He referred to the OCL policy which allows the City to annex property by contract when water is provided. Mr. Sizemore reaffirmed that he is opposed to annexation by any other method. Mr. Putt Hill spoke again and stated that he will voluntarily annex his property as soon as they have water and sewer service available. He also stated that he did not feel that those in that area were "freeloaders" since they do not now receive City services. Council Member Holt stated that there are areas of this City that can be served very well with septic tanks, and it would be foolish to spend tax dollars to provide sewer service for one property owner. Mr. Holt also pointed out that they are receiving fire protection from the City, as well as police pro- tection, and as soon as this area is annexed, the only service not available in the area under discussion would be sewer service, which is not needed. Mr. Hill stated that this area could not be served by septic tanks because it is a low area and predicted that if this area is annexed, in two or three years, approximately 50% of these businesses will move from the Corpus Christi area. Mayor Lozano took exception to that statement and pointed out that as long as the businesses referred to are making a profit, they will remain in the Corpus Christi area. Mayor Lozano announced the public hearing scheduled for 3:30 p.m. on one zoning application. • Assistant City Manager Walker announced the public hearing on Application No. 278-9E, Lexington Capital Group, Inc., for an exception to the screening fence Minutes Regular Council Meeting March 29, 1978 Page 14 requirement along the south property line of Lot 32, Block 2, Gulfway-Airline Park located on the south side of Williams Drive between Treyway Lane and Airline Road. Mr. Walker informed the Council that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that the fence serves the purpose of a visual obstruction between adjacent residential uses and the rear of the adjacent shopping center due to deliveries, litter, garbage, etc. Assistant City Manager Walker stated that in response to the notices of the public hearing, none had been returned. Mr. Walker also stated that Dr. Nancy Bowen is present as the representative of the Planning Commission. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that a chain link fence exists which was builtbythe owner of the apartment complex at the rear of the property under discussion. He also stated that if the screening fence is required, it would have to be built adjacent to the existing chain link fence. Mr. Wenger informed the Council that the shopping center located on the subject property was constructed prior to the adoption of the screening fence requirement on March 15, 1972. Mayor Lozano asked for comments from Dr. Bowen. Dr. Bowen stated that the Planning Commission's recommendation was unani- mous in approving the exception to the screening fence requirement because they did not feel that it would be logical to require the construction of another fence adjacent to the existing chain link fence. Council Member Holt asked if the owner of the apartment complex desired to have the screening fence installed, and Dr. Bowen stated that no one spoke in opposition to the recommended exception to the screening fence requirement at the Planning Commission hearing on this application. Motion by Sample that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and that the exception to the screening fence requirement be approved for this property; seconded by Diaz; and passed unanimously. Dr. Bowen stated that she would like to speak on the annexation proposi- tion at this time. She assured the Council that the Planning Commission had Minutes Regular Council Meeting March 29, 1978 Page 15 recommended all of the property being considered for annexation; they have actively supported the annexation and were even disappointed that the Padre Island area was not included in the proposition; and stated that all of the Planning Commission members are very much in favor of the proposed annexation. Assistant City Manager Walker presented the ordinance in connection with the zoning application. City Secretary Read polled the Council for their votes, and the following ordinance was approved: ORDINANCE NO. 14248: 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 LEXINGTON CAPITAL GROUP, INC., FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE SOUTH SIDE OF WILLIAMS DRIVE, BETWEEN TREY WAY LANE AND AIRLINE ROAD, BEING THE REAR OF LOT 32, BLOCK 2, GULFWAY-AIRLINE PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: Lozano, Diaz, Holt, Juarez, Sample present and voting "Aye"; Gulley and Gill, Absent. * * * * * * Mayor Lozano inquired if anyone else in the audience would like to address the Council. Mr. Steve Morales, 1005 Grant Place,stated that he would like to speak on the annexation election, particularly in regard to the credibility of the elec- tion procedure. Mr. Morales stated that he feels that most of the people are not opposed to annexation, but expressed concern that the Chamber of Commerce has withdrawn their endorsement of the annexation proposition. He suggested that the City wait to annex this proposed area because he does not feel that this particu- lar annexed area will help the City and stated that he would like to see projected figures as to how much tax money the City would receive if the suggested areas are annexed. He pointed out that additional City funds will have to be spent to pro- vide City services for the new area and expressed the opinion that the City is wasting money on the election process just to annex the proposed areas. Mr. Morales informed the Council that a number of citizens have contacted him to express opposition to the proposed annexation election. Minutes Regular Council Meeting March 29, 1978 Page 16 Mayor Lozano expressed the opinion that people have contacted Mr. Morales and expressed opposition to the election because he had publicly stated that he is opposed to the annexation. Mayor Lozano informed Mr. Morales that citizens have contacted him to urge that the Council go ahead with the annexation election. He also pointed out that every time annexation is considered, the people who own property to be annexed are naturally opposed to annexation. Mayor Lozano then reminded Mr. Morales that the Chamber of Commerce had at first endorsed annexation, but that organization had received pressure from wealthy members whose property is to be annexed, and they, therefore, withdrew their support. Speaking in favor of the annexation proposition was Mr. Benny Benavides, 2421 Cleo, who stated that he felt that the San Juan and San Carlos Subdivisions would benefit from the annexation. Also speaking in favor of the annexation was Mrs. Elizabeth Price. Mrs. Price expressed the opinion that any resident of the City would be foolish to vote in opposition to the proposed annexation, because they would benefit from the increased taxes that could be collected from those annexed areas. She stated that she planned to support the annexation proposition in every way possible. * * * * * * Assistant City Manager Walker reminded the Council of the Coastal Bend Council of Government meeting scheduled for 2:00 p.m. Friday, March 31, 1978, in the Central Jury Room of the Nueces County Courthouse and briefly explained the agenda for the meeting. Mr. Walker also reminded the Council of the Region 11 Texas Municipal League meeting to be conducted on April 13, 1978 at Little Bob's Restaurant in Aransas Pass, Texas. There being no further business to come before the Council, on motion by Holt, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 4:15 p.m. March 29, 1978. I, GABE LOZANO, SR., Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of February 1, 1978 through February 22, 1978, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized: 2/01/78 - Regular Meeting 2/08/78 - Regular Meeting 2/15/78 - Special Meeting 2/15/78 - Regular Meeting 2/22/78 - Regular Meeting 2/22/78 - Special Meeting MLCROFILMED SEP 0 31980