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
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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