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HomeMy WebLinkAboutMinutes City Council - 09/28/1977(ro PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 28, 1977 2:00 P.M. Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Steve Peterson, pastor of the First Free Methodist Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Motion by Diaz that the Minutes of the Special Council Meeting of September 14, 1977 be approved as presented; seconded by Sample, and passed unanimously. Mayor Luby stated that he had presented the following proclamations in his office prior to the Council Meeting: MEMORIAL MEDICAL CENTER AUXILIARY DAY - October 1, 1977; and NATIONAL EMPLOY THE HANDICAPPED WEEK - October 2 thru 8, 1977. Council Member Ruth Gill introduced two students from W. B. Ray High School who are interested in City Government, Miss Lisa Garcia and Miss Janet de los Santos, representing the Student Council of that school. Miss Garcia spoke briefly and explained that the Student Council wanted to become involved with civic matters and different governmental entities. She requested that if they could become involved in any aspect of City government that their sponsor, Ms. Anna Saenz be called at 855-7361, extension 32, between 8:30 and 9:30 a.m. or between 1:30 and 2:30 p.m. Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: Minutes Regular Council Meeting September 28, 1977 Page 2 a. Recommendation that a public hearing be held at 2:00 p.m. on October 5, 1977 during the Regular Council Meeting to amend the Sanitary Sewer Master Plan in the area between Holly Road, Saratoga, Weber and Kostoryz to provide that 590 acres drain into the Oso wastewater system instead of the Westside system. The Planning Commission so recommends. Most of the area is already developed and is served by 2 lift stations. The Master Plan was not officially revised when the subdivisions were approved. b. Recommendation that bids be received at 11:00 A.M., Tuesday, October 18, 1977 for 1,000 gallons of 95% cythion insecticide (premium grade malathion) to be used for mosquito control by the Vector Control Section of the Health and Welfare Department. c. Recommendation that 18 rolls of reflective sheeting, 888 packages of cut out letters and numbers, and paint and application accessories for the Traffic and Transit Department for signs and markings be purchased from 3M Company of St. Paul Minnesota for $10,108.14. Price comparison shows an increase of approximately 9%. No bids were received at the formal bid opening. 3M Company, the only known supplier meeting specifications, did not bid because of an oversight on their part. The above price was obtained from 3M after the bid opening. It is not recommended that this material be rebid because 3M is the only known supplier meeting specifications and because the company has announced a 6.5% price increase effective October 1. d. Recommendation that Lot 15, Block 6, Villa Gardens (510 Villa Drive) be sold to Mrs. Belie Nava Gutierrez for a cash payment of $2,550. The lot was acquired through delinquent tax foreclosure. Authority to receive bids for the lot was granted on July 6, 1977. No bids were received on the opening date. Mrs. Gutierrez later saw a "For Sale" sign on the lot and offerred to purchase it at the appraised value. e. Recommendation that the following actions be taken regarding the Washington - Carver Unit II Street Improvement project: (1) A Change Order of $9,532.40 be approved to cover overruns due to errors in computating initial unit quantities; (2) The project be accepted and final payment of $84,709.77 be made to Asphalt Maintenance Company for a total of $275,864.73. (3) The final assessment roll be adopted showing total assessments of $114,985.76 on 200 items. The project is in the 2nd year Community Development Program and includes: (1) Tarlton from Greenwood to Cheyenne (2) Cheyenne from Tarlton to Morgan (3) Elgin from Soledad to Tarlton (4) Nogales from Elgin to Carver , (5) Guadalupe from Elgin to Carver (6) Washington from Tarlton to Dunbar f. Recommendation that a revocable easement be granted to Central Power & Light Company to construct a canopy overhang protruding three feet into and eleven feet above the public right-of-way (sidewalk) of Chaparral Street. The request is being made by Central Power & Light Company in conjunction with their proposed plans to install drive-in pay stations at their downtown office. M_ .s Regular Council Meeting September 28,.1977 Page 3 8• Recommendation that assignment of the lease for Billings Baitstand, located along the Intracoastal Canal, from Mr. Gordon W. Billings to Mr. & Mrs. Eugene Gianotti, be approved. Mr. & Mrs. Gianotti, residents of Corpus Christi, will assume all obligations of Mr. Billings including the annual rent of $1,032. The lease expires October 24, 1979 and is for part of the land along the John F. Kennedy Causeway which the City leases from the School Land Board. h. Recommendation that a 10' utility easement between Lots 1 and 2, Block 2, Portmoor Addition be abandoned. This easement is located generally at the corner of Buford and 25th Streets, one block east of Port. An alternate easement has been dedicated and recorded by separate instrument. All affected departments concur. i. Recommendation that an application be submitted to the U. S. Travel Service of the U. S. Department of Commerce for $5,500 to conduct an advertising campaign in newspapers and magazines in Canada during the fall and winter of 1977 to promote tourism in Corpus Christi. These funds will be matched by $5,500 of budgeted advertising funds in the Corpus Christi Area Con- vention and Tourist Bureau budget. The Bureau will administer the program. j• Recommendation that an election be held on November 8, 1977 on the follow- ing propositions: (1) Annexation of certain developed properties immediately adjacent to the City limits and with City services, a small portion of Corpus Christi Bay not currently in the City limits and a 2 -mile wide sec- tion of the Gulf of Mexico off of Mustang Island. It is further recommended that a public hearing be held on October 26, 1977 on the proposed annexations. (2) Various bond issue propositions generally as recommended by the Planning Commission. k. Recommendation that a resolution be passed providing for a joint City - County election on November 8, 1977. The resolution establishes the terms of agreement between the City and County under which the joint election will be held, allocates expenses for the election between the two governmental units and provides for use of a single ballot. The County will have to pass a similar resolution. 1. Recommendation that the public hearing be held at 2 p.m. during the Regular Council Meeting on October 12, 1977, on a request for the con- tractual annexation of a 47.939 acre tract of land located generally between IH 37, McKenzie Road and the Allison Treatment Plant. m. Recommendation that the Calallen Area Sanitary Sewer project be accepted and final payment of $30,862.26 for a total of $308,587.23 be made to Glaser Construction Company. This project is a 2nd Year Community Development project. It provides sewer lines for the San Carlos Subdi- vision area, which is currently outside the City limits. The County paid $20,353.34 as their share of these sewer lines. Other streets included in the Calallen area are Red Bird Lane, Buckhorn, Middle Lane, Mountain Drive, Griffith between I.H. 37 and Calallen Drive, Avenues A, B and C, and Riverview Trail. Minutes Regular Council Meeting September 28, 1977 Page 4 n. Recommendation that an application be submitted to the Governor's Committee on Aging for $304,188 to continue to provide nutrition and supportive servi- ces to the elderly of Nueces County from December 1, 1977 to November 30, 1978. The total cost is $353,779 with $25,500 coming from donations by meal participants and $24,091 from the City. The application provides for 613 meals per day, 553 at 12 congregate meal sites and 60 home delivered. o. Recommendation that a Title VI Comprehensive Employment and Training Act contract modification with the Nueces County Community Action Agency be approved to extend the contract from September 30 to November 16, 1977. The modification continues 7 positions used for home weatherization and increases the contract from $28,500 to $33,900. The contract extension will allow the Community Action Agency a 45 -day time period in which to submit the City specific proposals for revisions in the weatherization program to continue the program through September 30, 1978. p• Recommendation that a contract be approved with the Harbor Playhouse for Title VI public service employment special projects for $60,200 for nine positions. The project will consist of establishing a repertory acting company to produce plays and establishing a mailing list for the Harbor Playhouse. The contract will extend from October 1, 1977 through September 30, 1978. In regard to Item "j" which recommends that an election be held on November 8, 1977 on annexation of certain developed properties and various bond issue propo- sitions, City Manager Townsend explained that the ordinances involved will be on three readings and the issues to be included will be resolved at the time of the third reading. City Manager Townsend stated that if the joint City -County election is held, the expenses will be on a 50/50 basis. In connection with Items "o" and "p", which dealt with Title VI CETA pro- grams. City Manager Townsend presented information to the Council on additional programs which are planned for grant applications. Mr. Townsend explained that Title VI is designed for people who are underemployed and underemployment and that it is for public service employment, but the requirements for applicants is very complex. Council Member Gill inquired about the Status of the Title VI program. City Manager Townsend informed her that approximately 34 employees under this program had terminated; of that 34, 2 were discharged because they were not suit- able for the positions for which they were employed; and the others resigned for various reasons. He stated that he would have a report for the Council on this next week. .luutes Regular Council Meeting September 28, 1977 Page 5 Council Member Diaz asked if the City has some type of program to train the employees who will be dealing with the public. City Manager Townsend stated that in the past there has been a program con- ducted by the Personnel Department to train regular employees, and if it is no longer being conducted at this time, he will see that it is started again. Mayor Pro Tem de Ases referred to the employment project and the difficult requirements established by the Federal government and inquired if the City had made any effort to attempt to have the regulations changed to facilitate the pro- gram. City Manager Townsend stated that the City's concern has been expressed to the Senators and Congressmen about the problem of the complex regulations, and further stated that he had personally expressed this concern to the Texas delega- tion. Mayor Pro Tem de Ases requested that this be pursued and stated that he thought that the Council had expressed a desire to ease the conditions of employ- ment under this program. City Manager Townsend stated that this has been pursued by the local delegation. Mr. de Ases stated that he would like to have copies of the letters sent to Congress and suggested consideration of a Resolution on the matter. In reference to Item "i", which deals with an application for funds in the amount of $5,500 from the U. S. Travel Service of the U. S. Department of Commerce, Mayor Pro Tem de Ases inquired if this amount is definitely set. City Manager Townsend replied that grants up to $10,000 may be applied for, but the cities must supply matching funds and explained that these funds will be used to promote tourism in Corpus Christi in newspapers and magazines in Canada, stating also that the emphasis is on Canada at this time. Council Member Sample asked for an explanation concerning the repertory company as referred to in Item "p". City Manager Townsend stated that he did not have very much information on this and how it would be implemented, but'that the repertory acting company will be supervised by the Director, and a portion of the funds will be for the employment Minutes Regular Council Meeting September 28, 1977 Page 6 of people to prepare a mailing list for the Harbor Playhouse. Council Member Gulley mentioned his concern in regard to Item "j", calling a bond election and annexation;,especially in regard to annexation, indicating that it was his understanding that the ordinance to be considered today would not be very specific in regard to annexation, noting that the ordinance calls for annexation of a two-mile wide.section'of the Gulf of Mexico. City Manager Townsend assured Mr. Gulley that the ordinance can be modified; the Planning Commission had suggested including the two-mile wide section of the Gulf; an ordinance has to have something specific included in it; but it can be amended later before the third reading. Council Member Gulley expressed his concern about this being included in the proposed annexation and indicated that he was also concerned about another section involving annexation. Mayor Luby called for discussion from the audience in regard to the City Manager's reports. Mr. Fred Brock, 1761 Emmord Loop, owner of a truck stop at Up Ever Road and Navigation Boulevard, stated that he understood that his property was being considered for annexation and informed the Council that a refinery that is using a portion of his land has indicated that they are interested in purchasing the pro- perty, which would then be a port -related industry and that he hoped that the City would not annex the property. He stated that he had been assured by the refinery representatives that they would be glad to furnish the Council with a letter of intent to purchase the property. He requested that the property not be annexed. Mr. Perry Burkett, representative of a refinery located on the Till Tracts, also expressed his concern about the proposed annexation of this property. He stated that one tract is being closed and it will be used only for port related activities. City Manager Townsend informed Mr. Burkett that this annexation was discussed in the morning Workshop meeting, and those two tracts are no longer recommended for annexation. Minutes Regular Council Meeting September 28, 1977 Page 7 Motion by Sample that the City Manager's Reports, items "a" through "p" be accepted; seconded by Diaz and passed unanimously. Mayor Luby called for the presentation of the ordinances. City Manager Townsend briefly explained the ordinances to be considered. In regard to the Resolution concerning the joint election with the County, Council Member Diaz requested an explanation of the mechanics of the election. City Secretary Read stated that it was generally determined that the use of the same machine for both the County and the City would be less confusing, if the Council and the County Commissioners agree. He also stated that the County and City columns will be listed with a wide expanse of space between. Mayor Pro Tem de Ases asked if there had been some discussion about the placement of the propositions on the ballot and if there is a possibility of voters overlooking the last column. City Secretary Read stated that an arrow will be placed in the machines pointing in both directions so that voters will be aware that there are two columns. He also pointed out that there are fifteen County precincts that over- lap the City limit line, and voters outside the City limits would not be allowed to vote on the City proposals. He stated that the precinct judges in these par- ticular precincts will be required to see that this is properly done. Council Member Gill commended the City Secretary and the County Clerk for arranging the joint election procedures, stating also that this will provide for additional precincts for those voting on City issues and save money as well. Mayor Luby called for comments or discussion from members of the audience on the ordinances. Mr. Carl Fields, Manager of the Ramada Inn and President of the Corpus Christi Hotel -Motel Association, spoke in opposition to the ordinance increasing the hotel -motel occupancy tax from 3% to 4%, pointing out that the City will be in a position of taxing people who are not represented in the matter. He stated that Minutes Regular Council Meeting September 28, 1977 Page 8 the 3% tax was developed for promotion of tourism; the taxes are presently being increased because the hotels and motels have had to increase their rates because of inflation; on January 1, 1978, the minimum wage will be increased, which will cause hotels and motels to further increase their rates; therefore, additional funds will be realized from these increased charges. He inquired as to the intended use of the additional 1%., City Manager Townsend stated that no action has been taken in regard to the designation of use of the additional funds, but there has been discussion about appropriating some of these funds for art, and the Council has requested that plans be developed to design some type of art for the Convention Center and the median on Cooper's Alley. Council Member Lozano mentioned the fact that the legislature has just recently enacted legislation to allow the increase of 1%, and he asked Mr. Fields if he did not think that other cities will increase the occupancy tax. Mr. Fields stated that he still feels that a tax of 3% is adequate for the promotion of tourism and indicated that he did not feel that visitors to the City should be placed in the position of providing funds for furtherance of art for our City. Mr. Fields also emphasized the numerous groups who will probably request funds from this additional revenue from the 1% tax increase, mentioning the fact that this would create further problems for the Council. Mr. Fields stated that he felt that if Corpus Christi increases the occupancy tax, then visitors who would normally stay in a local hotel will go to nearby towns to stay to avoid the tax. Council Member Gill made the observation that Mr. Fields seemed to feel that the 3% tax is all right if it is used for tourism, which would benefit the hotels and motels, but objected to a 1% tax which might be used for some other purpose. Mrs. Gill stated that if the 1% tax funds are used to make our City more attractive, more visitors will come to the City, and this would also promote tour- ism. Mr. Fields reiterated that he felt that the local citizens should provide funds for furtherance of the arts. . ,s Regular Council fleeting September 28, 1977 Page 9 Council Member Diaz expressed the opinion that the Council does not plan to support any particular group with the income from the increased tax, but that they will designate funds to obtain art and sculpture to beautify the City. Speaking in support of the ordinance under discussion,Dr. Mertonh-Johnson, Dean of Fine Arts at Del Mar College, stated that he feels that the Tourist Bureau is performing a fine job promoting tourism; the Bureau needs adequate fundingas they have had in the past; and the Tourist Bureau is engaged in attracting people to the City. Mr. Johnson expressed the opinion that as many visitors come to the City as tourists as they do for business purposes and they are attracted to cities that have a number of civic activities, good restaurants, and works of art. He stated that the broader aspect of the visual and performing arts should be con- sidered for funding from the hotel -motel tax income as well as sculpture and art in public places. Mr. Johnson proposed that the Municipal Arts Commission and the Corpus Christi Arts Council make recommendations for the use of the funds generated from the tax income, thus alleviating any difficulties that might arise. Mr. Stern Feinberg, 260 Circle, appeared at this time representing the hotel -motel owners. He stated that he felt everyone will lose if the tax is increased. Mr. Feinberg stated that when the tax was originated in 1965, the concept was that the funds would be used to increase tourism. He also expressed the opinion that people who are not represented should not be taxed. Mr. Feinberg estimated that from 40 to 50 organizations would request funds from the 1% tax income which would generate nothing but problems for the Council and stated that an increase now may lead to future tax increases. He also stated that he felt that the increase in taxes would decrease the benefit to be derived from the Convention Center. Mr. Jim Sawyer, Manager of the La Quinta Royale, also spoke in opposition to the tax increase, indicating agreement with the opinions of Mr. Feinberg and Mr. Fields. Mr. Sawyer stated that the tax is immoral, in his -opinion, including the original 3% that was levied some time ago, since it is tax without representa- tion, but the tax increase for so many other things will just open up problems because of the wide variety of categories that are allowed by the new State law. Mr. Sawyer urged the Council not to approve the ordinance increasing the tax. Minutes Regular Council Meeting September 28, 1977 Page 10 Mrs. Dorothy Spann, 502 Del Mar, stated that she is appearing in connection with the proposed 1% tax increase in her capacity as an interested citizen. .Mrs. Spann mentioned that many Boards and Commissions are already faced with the problem of determining what should be funded and that she feels that the Council will have no difficulty in determining what funds should be designated for each organization and that they can decide how the funds should be allocated in the most equitable way. Mrs. Marco Eugenio, 6008 Ocean Drive, addressed the Council on the same matter and stated that the basic concept is what is worthwhile for the people of Corpus Christi. Mrs. Eugenio expressed the opinion that the arts deserve funds to improve the community and that she.is very pleased to see that the Council has indicated an interest in beautification of the City. In regard to the statements made about taxation without representation, she pointed out that citizens of Corpus Christi visit other cities and they are taxed. Mrs. Eugenio summarized by saying that art is worth the support of the people and the Council through this proposed tax increase. Mr. Gordon Grote, owner of Rock Lodges on Corpus Christi Beach, represent- ing several motels on this Beach, read a letter expressing their opposition to the tax increase. Mr. Grote stated that the motels on Corpus Christi Beach would be at a disadvantage since they primarily attract tourists, and if the tax is increased, those tourists would be inclined to visit Port Aransas and Aransas Pass where taxes are not collected. Addressing the Council in connection with the proposed tax increase was Mr. Bob Storm, 4333 Ocean Drive, owner of the Catalina Motel. Mr. Storm informed the Council that his hotel serves tourist trade rather than business people and also mentioned the fact that taxes are not charged in Port Aransas, which is detrimental to the tourist trade in Corpus Christi. He, too, stated that he feels it is wrong to expect visitors to the City to support a beautification program for.the City of Corpus Christi. Minutes Regular Council Meeting September 28, 1977 Page 11 Mr. Louis Schmidt, Manager of the Sheraton -Marina Inn, spoke at this time and stated that he feels that the arts should be supported, but the hotels are confronted with increases in payrolls, utilities, etc., and because of the new minimum wage law that will go into effect on January 1, 1978, the additional expenses will necessitate increased rates. Because of this and the fact that airline flights into the City have increased, Mr. Schmidt stated that he felt that business people will arrive in the City early in the morning, conduct their busi- ness, and then depart the City the same day rather than remaining overnight. He requested that the anticipated increase in hotel business generated by the Convention Center, which would in turn create additional hotel -motel tax, be used for the arts and wait a year to see if the 1% increase is necessary. Mrs. Albert J. Wood, representing a foundation for the promotion of ballet, stated that this, too, is an art form. She stated that she is not sure that the 1% is fair and feels that the arts should be funded by the citizens of the City. She suggested that the Council should make arrangements to fund the arts in some way, however. Mrs. Sally Avant spoke in favor of the tax increase to be used for the arts. Mr. Ralph Ehrlich, Manager of the Hilton Inn, inquired as to just what art form the Council plans to fund from the proposed tax increase. City Manager Townsend pointed out that the matter before the Council is the first reading proposing to raise the tax from 3% to 4%, and nothing is being con- sidered today in regard to the expenditure of those funds. Mrs. Billie Hull, 10701 Padre Island Drive, stated that she owns a small motel in Flour Bluff, and she is apprehensive of the increased tax because, while her summer business is good, in the winter, people come to the beach to fish, and if the motels are too expensive, they will probably stay on the beach in campers rather than in the area motels. Mr. Johnson, of Del Mar College, again spoke and expressed the opinion that in the winter, the arts are needed to attract visitors to the City. He also men- tioned the fact that news of the arts and civic events are advertised in "The Minutes Regular Council Meeting September 28, 1977 Page 12 Sparkler" and "Texas Monthly", which would indicate that this is an attraction for tourists. Mrs. Eugenio stated that she often visits a city because of the arts and civic events that exist in that particular city and she feels that there is a def- inite connection between the arts and tourism. City Manager Townsend pointed out that there is a 3% State hotel -motel tax charged, a 3% local tax, and the addition of 1% would increase the tax to 7%. Mayor Pro Tem de Ases expressed appreciation for the many viewpoints that had been expressed at the meeting and mentioned the fact that the ordinance is on three readings which will give citizens ample opportunity to express their opinions on the matter, and the final decision of the Council will be made on the third reading of the ordinance. Mayor Luby called the Council's attention to the ordinance passed several months ago which expressed the Council's intent to designate 1% of construction funds to be used for beautification of public building facilities, indicating that this would allow designation of funds for this purpose. City Manager Townsend read portions of the ordinance, which was passed in March, 1977, and ascertained that a specific percentage was not designated. Mayor Luby stated that the 1% figure was discussed by the Council, and it was his understanding that this amount was to go for beautification and would be allocated from the total construction amount. Mayor Luby expressed the opinion that the hotels and motels had done a great deal to make Corpus Christi attractive. There being no further discussion on the ordinances, Mayor Luby called for the vote on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: as Regular Council Meeting September 28, 1977 Page 13 FIRST READING: ORDERING AN ELECTION TO BE HELD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE TERRITORY ADJACENT TO THE CITY OF CORPUS CHRISTI AND DESCRIBED AS BEING ALL OF THAT AREA BETWEEN THE PRESENT EAST CITY LIMITS OF THE CITY OF CORPUS CHRISTI AND THE WEST SHORELINE OF MUSTANG AND PADRE ISLAND AND BETWEEN THE PRESENT SOUTH ARANSAS PASS CITY LIMITS AND A LINE APPROXIMATELY ONE MILE SOUTH OF NUECES-KLEBERG COUNTY LINE AND AS MORE FULLY DESCRIBED IN THIS ORDINANCE, SHALL BE ANNEXED TO THE CITY OF CORPUS CHRISTI; DEFINING THE TERRITORY PROPOSED TO BE ANNEXED; PROVIDING PROCEDURE FOR THE HOLDING OF SUCH ELECTION; PRESCRIBING THE FORM OF NOTICE OF ELECTION; ENACTING PROVISIONS INSTANT TO AND RELATING TO THE PURPOSE OF THIS ORDINANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF IMPROVEMENT BONDS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, APPOINTING ELECTION OFFICIALS AND SPECIAL CANVASSING BOARD FOR NOVEMBER 8, 1977 ELECTION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: RESOLUTION PROVIDING FOR JOINT ELECTION WITH THE COUNTY OF NUECES TO BE HELD NOVEMBER 8, 1977; RECITING THE TERMS OF THE AGREEMENT BETWEEN THE COUNTY OF NUECES AND THE CITY OF CORPUS CHRISTI; ALLOCATING EXPENSES; RESOLVING OTHER MATTERS RELATING TO THE SUBJECT. The foregoing resolution was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: AMENDING SECTION 17-36 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO INCREASE THE HOTEL -MOTEL OCCUPANCY TAX LEVY FROM 37 TO 47.; PRO- VIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: de Ases, Diaz,•Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEJAS AIRLINES, INC., COVERING THE SUBLEASING OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SUCH AIRPORT, ALL AS IS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting September 28, 1977 Page 14 SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE WITH THE CORPUS CHRISTI AREA CONVENTION AND TOURIST BUREAU FOR THE USE OF A BUILDING ON SHORELINE DRIVE, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye" THIRD READING - ORDINANCE NO. 13954: AUTHORIZING THE CITY MANAGER TO EXECUTE EXTENSION AGREEMENTS WITH THE FOLLOWING LESSEES, FOR THE RESPECTIVE FARM LEASES, LOCATED AT INTERNATIONAL AIRPORT, ACCORDING TO THE TERMS OF THE RESPECTIVE ORIGINAL LEASES AND RENEWALS THEREOF, IF ANY, AS FOLLOWS: (1) PAT McDONOUGH, JR., THREE TRACTS OF LAND CONTAINING APPROXIMATELY 393 ACRES FORMERLY IDENTIFIED AS TRACT 3, TRACT A, AND TRACT B, NOW SHOWN AS TRACT A AND TRACT B1 AND B2; (2) W.A. WHITMIRE, TRACT E; (3) JOHN H. KELLY RANCH, TRACT D; EXTENDING SAID LEASES FORA FIVE (5) YEAR TERM, WHICH TERM SHALL IN ALL CASES BEGIN' AUGUST 16, 1977, AND END AUGUST 15, 1982. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13955: AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED TO MRS. BELTA NAVA GUTIERREZ A TRACT OF LAND DESCRIBED AS LOT 15, BLOCK 6, VILLA GARDENS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON PAYMENT OF $2,550 CASH CONSIDERATION FOR SAID PARCEL, A SUBSTANTIAL COPY OF INSTRUMENT CONVEYING THE SAME BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13956: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 3 TO THE CONTRACT WITH ASPHALT MAIN- TENANCE COMPANY FOR CONSTRUCTION OF IMPROVEMENTS TO THE WASHINGTON -CARVER AREA, UNIT II (SAID CHANGE ORDER BEING THE RESULT OF CONSTRUCTION COST OVERRUNS ON THE PROJECT), A COPY OF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", APPROPRIATING A TOTAL OF $9,532.40 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502, COMMUNITY DEVELOPMENT BLOCK GRANT; FURTHER AUTHORIZING THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE IN THE AMOUNT OF $9,532.40 IN THE NO. 220 STREET BOND FUND, PROJECT NO. 220-72-1.7, WASHINGTON -CARVER AREA STREET IMPROVEMENTS, UNIT II; AND DECIARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13957: AMENDING ORDINANCE NO. 13433 PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 6, 1976 BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESS- MENT LEVIED AGAINST THE ABUTTING PROPERTY CWNERS ON THE FOLLOWING STREETS: (1) TARLTON STREET, FROM GREENWOOD DRIVE TO CHEYENNE STREET; (2) CHEYENNE STREET, FROM TARLTON STREET TO MORGAN AVENUE; (3) ELGIN STREET, FROM SOLEDAD STREET T3 TARLTON STREET; (4) NOGALES STREET, FROM ELGIN STREET TO CARVER STREET; (5) GUADALUPE STREET, FROM ELGIN STREET TO CARVER STREET; AND (6) WASHINGTON STREET, FROM TARLTON STREET TO DUNBAR STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting September 28, 1977 Page 15 ORDINANCE NO. 13958: GRANTING A REVOCABLE EASEMENT TO CENTRAL POWER AND LIGHT COMPANY TO CONSTRUCT A CANOPY OVERHANG PROTRUDING 3 FEET INTO AND 11 FEET ABOVE THE PUBLIC RIGHT-OF- WAY OF CHAPARRAL STREET, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECIARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13959: APPROVING ASSIGNMENT OF THE BILLINGS' BAIT STAND ON TRACT 14 OF THE COASTAL PUBLIC LANDS, SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FROM GORDON W. BILLINGS TO MR. AND MRS. EUGENE GIANOTTI, AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13960: CLOSING AND ABANDONING A 10 FOOT UTILITY EASEMENT BETWEEN LOTS 1 AND 2 BLOCK 2, PORTMOOR ADDITION, AS MORE FULLY DESCRIBED AND SET FORTH HEREINAFTER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13961: AUTHORIZING THE CITY MANAGER TO SUBMIT A TITLE, VII APPLICATION TO THE GOVERNOR'S COMMITTEE ON AGING FOR FIFTH YEAR FUNDING OF THE ELDERLY NUTRITION PROGRAM, BEGINNING DECEMBER 1, 1977 AND EXTENDING THROUGH NOVEMBER 30, 1978, WHICH GRANT REQUESTS FUNDS IN THE AMOUNT OF $304,188, ALL AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACTS, AMENDMENTS AND OTHER DOCUMENTS NECESSARY TO CONTINUE THE AFORESAID PROGRAM, IF AND WHIN THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13962: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE U.S. TRAVEL SERVICE OF THE U.S. DEPARTMENT OF COMMERCE TO REQUEST $5,500 IN FEDERAL FUNDS TO CONDUCT AN ADVERTISING CAMPAIGN IN CANADA TO PROMOTE TOURISM IN CORPUS CHRISTI, AS MORE FULLY SET FORTH IN THE APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THE PROPOSED PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13963: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE HARBOR PLAYHOUSE FOR NINE PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 IN THE AMOUNT OF $60,200, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting September 28, 1977 Page 16 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13964: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY EXTENDING THE CONTRACT FROM SEPTEMBER 30 TO NOVEMBER 16, 1977, AND INCREASING THE CONTRACT AMOUNT FROM $28,500 TO $33,900, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". The meeting was recessed at 4:02 p.m. The Regular Meeting was reconvened at 4:15 p.m. by Mayor Pro Tem de Ases during the temporary absence of Mayor Luby. Mayor Pro Tem de Ases announced the Public Hearing on three zoning applica- tions. City Manager Townsend announced the public hearing on Application No. 877-3, Mr. Paul E. Cole, for a change of zoning from "R -1B" One -Family Dwelling District to "A-1" Apartment House District on a .36± acre tract out of Lots 26 and 27, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located between Laguna Shores Road and Summit Drive, approximately 207' south of Carp Drive. He stated that the Planning Commission and the Planning Staff both recommend denial and that in response to the notices of the public hearing mailed to property owners in the affected area, three in opposition had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map, explained the land use in the surrounding area, and showed slides of the area. Mr. David Scruton, 1001 Bradshaw, speaking on behalf of the applicant, explained that the property contains a single family dwelling and has a garage apartment and Mr. and Mrs. Cole would like to add a kitchen to the facility so that it may be rented in the future. Mr. Scruton also explained that the property has ample parking space even if the facility is rented, and the septic tank system will be evaluated. He also stated that the City's sewer system has been extended Minutes Regular Council Meeting September 28, 1977 Page 17 and it is anticipated that City service may be available soon. Mayor Luby asked if anyone in the audience desired to speak in opposition. Mrs. Louise Lightle Davis, 4110 Laguna Shores Road, was present in the audience, and it was noted that she had filed a letter in opposition to the change of zoning. Also speaking in opposition to the change of zoning was Mrs. Gertrude C. Phippeny, 134 Summit. Mrs. Phippeny pointed out the problems with the septic tank presently installed on the property; stated that the lot has a frontage of only 70 feet; and that she owns property next to the subject property where she plans to build single-family dwellings. City Manager Townsend stated that there is sufficient opposition to the change of zoning that six votes of the Council will be required to approve the application. Motion by Sample that the hearing be closed, seconded by Diaz and passed unanimously. Council Member Gill inquired about duplex zoning. Chief Planner Wenger stated that "R-2" is Multiple Dwelling zoning which applies to duplexes, and "A-1" allows three or more units on the same lot. Mr. Wenger further explained that there are many lots in the City that have two structures for more than one family, but these were built some time ago, prior to the ordinance prohibiting it. Motion by Gulley that the application be denied; seconded by Diaz. Council Member Gill asked if it would be possible to grant a special permit to allow for the construction of the kitchen. City Manager Townsend stated that this could not be done because there is a separate structure involved. Mayor Luby called for the vote on Council Member Gulley's motion and it was passed unanimously. City Manager Townsend announced the public hearing on Application No. 877-9, South Texas Children's Home, for a change of zoning from "R -1B" One - Family Dwelling District to "AB", Professional Office District, on Lot 10, Minutes Regular Council Meeting September 28, 1977 Page 18 Washburn Meadows Unit 2, located approximately 950' south of South Staples Street on the east side of Weber Road. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval. Mr. Townsend stated that in response to the notices of the public hearing sent to affected property owners, three in opposition and two in favor had been returned. City Manager Townsend reminded the Council that Mrs. Frances McGonagill, 4214 Dody, had appeared before the Council in May, 1977, protesting the construc- tion of this structure. Chief Planner Larry Wenger located the area involved on the zoning and land use map; explained the land use in the surrounding area; and showed slides of the area and the building under construction, explaining that the structure is almost completed at this time. He also stated that if the change of zoning request is denied, the building must be used for a single-family dwelling. Mr. Jack White, Attorney for South Texas Children's Home, appeared before the Council on behalf of the applicant. Mr. White explained that the applicant is an organization that provides temporary homes for children, and this particu- lar facility will house children between the ages of 3 and 13 and no more than 12 children will be in the home at one time, except on rare occasions when a family of siblings may require a temporary home. Mayor Pro Tem de Ases referred to the fact that this matter was brought before the Council in May and questioned why the building is almost completed and the zoning has not been changed. Mr. White stated that the owners did not know that a zoning change was required. Mr. Kenneth Maroney, 5109 Cape Romain, spoke in favor of the application and stated, that the members of Parkdale Baptist Church are in support of the home. Motion by Diaz that the hearing be closed; seconded by Sample and passed unanimously. Motion by Gill that the recommendation of the Planning Commission be accepted and that the zoning be changed from "R -1B" to "AB"; seconded by Sample, and passed unanimously. 23 Regular Council Meeting September 28, 1977 Page 19 City Manager Townsend announced the public hearing on Application No. 877-10, Mr. Billy R. Moore, for a change of zoning from "R -1B", One -Family Dwelling District, to "I-3", Heavy Industrial District, on a 2.0± acre tract out of a 60.251 acre tract out of Share No. 4 of the Partition of the George Frank Land located at the northwest corner of Clarkwood Road and Leopard Street. City Manager Townsend informed the Council that the Planning Commission and the Plan- ning Staff recommend denial of "I-3", but in lieu thereof, recommend approval of "I-2",Light Industrial District zoning. Mr. Townsend stated that no responses to the notices of the public hearing had been received. Chief Planner Wenger located the area on the zoning and land use map; stated that the property is vacant as is most of the property in the surrounding area; and showed slides of the area. Mr. Freddie Seaquist, representing the applicant, stated that the appli- cant is agreeable to the "I-2" zoning recommended. No one spoke in opposition to this application. Motion by de Ases that the hearing be closed, seconded by Sample and passed unanimously. Motion by de Ases that the recommendation of the Planning Commission be accepted and that the "I-3" zoning be denied, but in lieu thereof, that "I-2" be approved; seconded by Sample. Council Member Gill inquired as to why the Building Inspector had informed the applicant that "I-3" would be required for the type of business contemplated and the Planning Staff states that "I-2" would be adequate. Mr. Wenger stated that there has been discussion between the Building Inspector and the Planning Department, and they have agreed that "I-2" zoning would be acceptable. Mayor Luby called for the vote on Mayor Pro Tem de Ases' motion and it passed unanimously. City Manager Townsend presented the ordinances pretaining to the preced- ing zoning cases, and City Secretary Read polled the Council for their votes. The following ordinances were approved: Minutes Regular Council Meeting September 28, 1977 Page 20 ORDINANCE NO. 13965: 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 SOUTH TEXAS CHILDREN'S HOME BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 10, WASHBURN MEADOWS UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE=FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13966: 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 BILLY R. MOORE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LAND OUT OF SHARE NO. 4 OF THE PARTITION OF THE GEORGE FRANK LAND, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL 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: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Mayor Luby called for petitions or discussion from the audience. There was no response. Council Member Gill mentioned the Fit -Trail brochure that Mayor Pro Tem de Ases had presented to the Council and stated that she felt that it was an excellent idea. Mayor Pro Tem de Ases stated that there are a number of possibilities for installation of the trails, which include a conditioning course, and that he would like to transmit the brochure to the Park and Recreation Department for a recom- mendation. City Manager Townsend reminded the Council of the Assessment Hearing sche- duled for 7:00 p.m. Thursday, September 29, 1977, at Crockett Elementary School. City Manager Townsend also informed the Council that he had acted on another matter that he hoped would meet with their approval and stated that the City had requested a 120 -day extension on the hearing before the Texas Water Commission on the package plant to serve Airline Gardens Subdivision. ktaular Council Meeting September 28, 1977 Page 21 Council Member Diaz reminded the other Council Members of the opening ceremonies for Bayfest '77 to be held in the lobby of the Sheraton -Marina Inn at 5:30 p.m. Friday, September 30, 1977. There being no further business to come before the Council, on motion by Gill, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 5:00 p.m. September 28, 1977.