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HomeMy WebLinkAboutMinutes City Council - 10/05/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 5, 1977 2:00 P. M. PRESENT: *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 Pro Tem Eduardo E. de Ases called the Regular Council Meeting to order in the Council Chamber in the temporary absence of Mayor Jason Luby who was /conducting official business in his office. The Reverend Booker T. Winchester, pastor of Community Baptist Church, gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers a a and stated that a quorum was present to conduct a legally constituted meeting. Motion by Diaz that the Minutes of the Public Hearing:of August 31, 1977; the Minutes of the Regular Council Meeting of September 21, 1977; and the correc- tion of the Minutes of the Regular Council Meeting of August 24, 1977, previously approved on September 14, 1977, be approved as presented; seconded by Sample and passed unanimously. Mayor Pro Tem de Ases announced that the following proclamations had been presented: LES CHAPPELL DAY - October 3, 1977; MEDICAL MEMORIAL CENTER AUXILIARY 'DAY - October 5, 1977; CORPUS CHRISTI CONFEDERATE AIR FORCE DAY - October 5, 1977; CANADIAN APPRECIATION WEEK - October 14 thru 16, 1977; CORPUS CHRISTI ROSE DAYS - October 7 thru 9,.1977; TEXAS NURSE WEEK - October 9 thru 15, 1977; DAY IN COURT - October 11, 1977 and NATIONAL LEGAL SECRETARIES WEEK - October 10 thru 14, 1977. Mayor Pro Tem de Ases announced the next item on the agenda which called for appointments to Boards and Commissions. Motion by Gill that the following appointments made by Mayor Luby be confirmed, seconded by Sample and passed unanimously: MICROFILMED Minutes Regular Council Meeting October 5, 1977 Page 2 MUNICIPAL ARTS COMMISSION Term to Expire Mrs. Henry (Renee) Hausmann - Reappointment 9/1/80 Ms. Kitty Ellis - Reappointment 9/1/80 Mrs. Amanda Perry 9/1/80 Mrs: Marie S. Wood 9/1/79 Motion by Sample to accept the appointment by the City Manager of Dr. Brauer to the Civil Service Commission; seconded by Gulley. CIVIL SERVICE COMMISSION Term to Expire Dr. Roland J. Brauer, PHD 6/15/80 Council Member Gill reminded the Council that she had mentioned in this morning's meeting, but she would like to repeat, that she feels that Mrs. Virginia Hartsell has served very well her three-year term on the Civil Service Commission; she has represented all of the people of Corpus Christi; and she paid close atten- tion to the rules and regulations under which she operated. Mrs. Gill further stated that she did not feel that the Council should get rid of her at this time, indicating that she felt that Mrs. Hartsell deserves a second term; therefore, she stated that she did not approve of replacing Mrs. Virginia Hartsell. Mrs. Gill explained that she las sure that Dr. Brauer is a fine person who could serve the City well in an advisory capacity to the Personnel Department, but that this was not the place for him at this time. . Mayor Pro Tem de Ases called for the vote on Council Member Sample's motion, and it passed by the following vote: Diaz, Gulley, Lozano and Sample voting "Aye"; de Ases and Gill voting "Nay"; Luby, absent from the meeting at the time the vote was taken. *Mayor Jason Luby arrived at the meeting at 2:10 p.m. Mayor Luby explained that he was late arriving at the meeting because he had been presenting proclamations in his office. He stated that he hoped the Council had not,attempted to appoint the members of the commission at this point. He referred to the concerns he had expressed in the Workshop Meeting that morning and asked that the record reflect that the City Attorney did not read the page in the City Charter which gives the Mayor the authority to make those appointments to the .iinutes Regular Council Meeting October 5, 1977 Page 3 Civil Service Commission. Mayor Luby also stated that the City Manager was dis- respectful to the Mayor and the City Council permitted it. Mayor J.uby further stated that it was not fair and was against the will of the people, pointing out that he had been elected by a majority of the people. Mayor Luby stated that if Mr. Townsend attempted to make these appointments, the matter will end up in the Courthouse as it did before. He requested that the records state that disrespect was paid to the Mayor's chair in the morning Workshop Meeting. Mayor Luby emphasized that the City Attorney works for the Mayor as well as the City Council and that he should have read the page from the City Charter as requested. He then requested that Mr. Townsend turn in his resignation. Mayor Pro Tem de Ases announced that a public hearing is scheduled for 2:00 o'clock. Mayor Luby inquired if the appointments had been made. Mayor Pro Tem de Ases stated that they had been made, and the meeting had progressed through Items 1 through 6 of the agenda. Mayor Luby pointed out that it has been the policy of this Council in the past to make appointments only when all members are present and that Mr. de Ases had made that ruling which he had now gone against. Mayor Pro Tem de Ases advised Mayor Luby that he had made accusations about disrespect being paid to the Mayor, which he felt was not true, and asked that the record reflect that there was no disrespect to the Mayor by the City Manager or the City Attorney. Mr. de Ases reiterated that the appointments have been made and suggested that if the Mayor had any objections to the appointment that he read them into the record. He pointed out that this is a duly constituted meeting; therefore, the Council proceeded with the appointments. Mayor Luby stated that he would like to read into the record that he strongly objected to the appointments. He indicated that Mr. de Ases' comments did not come as 'a surprise to him and asked that the record state clearly, as it did in the Work- shop Meeting, that he made the appointment of Mrs. Virginia Hartsell in 1973, or thereabouts, and he wanted to reappoint her to that position. Mayor Luby also Minutes Regular Council Meeting October 5, 1977 Page 4 pointed out that Henry Nuss was appointed by the City Manager and expressed the opinion that this is against the City Charter. Mayor Luby then read the following excerpt from the City Charter, Page 21, Article III. City Manager, Sec. 1, stating that it was what the City Manager's duties are: "The council shall appoint a city manager who shall be the chief administrative and executive officer of the city." Mayor Luby alleged that it does not say "chief executive". Mayor Luby then quoted from Page 63 of the City Charter, Article VI. Personnel and Civil Service, Sec. 1. Civil service board: ...."The mayor, with the advice and consent of a majority of the commissioners, shall appoint the members of such board.".... Mayor Luby expressed the opinion that the matter is very clear and is not hard to interpret. Council Member Lozano inquired if the Mayor was talking about the Civil Service Board or the Civil Service Commission. Mayor Luby stated that they are both the same in the City of Corpus Christi. He again stated, "You are wrong and you are going against the will of the people. You are not insulting Jason Luby, you are being disrespectful to the Mayor's chair. It is not right, and I will not let you get by with it." City Manager Townsend stated that this matter has already been litigated. Mayor Luby stated that it has not been litigated; the District Court was overruled by the Appellate Court; and it has not been settled. City Manager Townsend stated that since Mayor Luby had placed into the record his comments, that it was necessary to respond to that in a like manner Mayor Luby requested that City Manager Townsend state the facts and not his opinion of the facts. City Manager Townsend referred to Article 1269m, which has been voted by the people of Corpus Christi as the Civil Service law of this City as it applies to firemen and policemen. Mr. Townsend quoted as follows from Section 3: "Members of the commission shall be appointed by the chief executive of any such city and such appointments shall be confirmed by the City Council." _..utes Regular Council Meeting October 5, 1977 Page 5 City Manager Townsend stated that it is that section under which the matter has been placed before the Council. Mayor Luby referred to another section of the law, 994 State Statute which he said states very clearly that the Mayor shall be the Chief Executive of said corporation. Mayor Luby reiterated that the Charter says that the City Manager shall be the Chief Administrator and Executive Officer and stated that it does not say Chief Executive. Mayor Luby then charged that Mr. Townsend was taking powers from the Mayor and the Council is allowing him to do so, further reminding Mr. Townsend that he is an employee of this City, like any other employee, and works for the City of Corpus Christi. Council Member Gill pointed out that the City Manager is implying that he is appointing someone to the Civil Service Commission and asked Mayor Luby if he could not also make an appointment to the Civil Service Board. Mayor Luby stated that they are one and the same in the City of Corpus Christi but agreed that he could. Council Member Gulley suggested that the Council continue with the meeting. Mayor Pro Tem de Ases stated that he agreed and that they were just wast- ing time. City Manager Townsend announced the public hearing to consider amending 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. City Manager Townsend advised the Council that the Planning Commission recommends the amendment; most of the area is already developed and is served by two lift stations; and that the Master Plan was not officially revised when the subdivisions were approved. Mr. Townsend further explained that this change was not actually incorporated through a public hearing process; most of the affected area is developed; and there should have been a public hearing to amend the Sanitary Sewer Master Plan. Speaking in opposition to the proposed amendment was Mr. Charlton Fairless, 2728 Airline Road, who stated that the sewer system on Airline needed improvement; Minutes Regular Council Meeting October 5, 1977 Page 6 bonds had been approved in 1972 for sewer improvements in the Saratoga area and nothing has been done; and it would appear that there are treatment facilities available at the Oso since this amendment to the Master Plan is being considered. Mr. Fairless also mentioned the fact that, according to an item in the newspaper, funds for improvements to the Broadway and Westside Wastewater Systems have been approved and inquired if some of these funds could not be used to improve the sewer system that serves Airline. Mr. Fairless charged that there had been negli- gence in this area and requested prompt action since the bonds for improvements were approved in 1972. City Manager Townsend explained that the Oso project has been discussed many times; shortly after the 1972 Bond Election, the Federal government changed their minimum standards for the Oso Plant; and in accordance with the new stan- dards, the City has applied for Step 1 and Step 2 of an E.P.A. grant for funding for improvements to the Oso Plant; and the City has applied for the Step 3 grant application, which is similar to the grant just approved for Broadway and Westside Plants. Mr. Townsend further stated that the bond funds will provide needed addi- tional funds for these improvements. He assured Mr. Fairless that as soon as the Federal grant is approved, the plant will be improved, and the bond funds will be used to extend the sewer main. He reiterated that the 1972 bond funds have been held up until all of the Federal standards have been complied with. Mr. Fairless again stated that he felt that five years is too long to wait. Mayor Luby agreed with him and asked Mr. Fairless to come to his office to see about having this included in the new bond election. No one else spoke in regard to this matter. Motion by Sample that the hearing be closed, seconded by de Ases and passed unanimously. Motion by de Ases that the proposed amendment to the Sanitary Sewer Master Plan be approved, seconded by Sample, and passed unanimously. * * * * * * Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: .utes Regular Council Meeting October 5, 1977 Page 7 a. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on October 26, 1977 on the following zoning applications: (1) Ms. Jean McKoin Bell: "R -1B" to "R-2", located on the west side of Woodcrest Drive, approximately 550' south of Don Patricio. (2) Ms. Elsie A. Gehlbach: "AB" to "B-4", located on the south side of Gollihar Road, approximately 110' west of Collingswood. (3) Shelter Corpus Christi, Inc.: "F-4" and a Special Use Permit for mobile homes to "R -1B", located between the Cayo del Oso and Flour Bluff Drive, approximately 400' north of So. Padre Island Drive. b. Recommendation that a public hearing be held during the Regular Council Meeting at 2 p.m. on October 26, 1977 on a text amendment to Article 31 of the Zoning Ordinance to prezone a 47.939 acre tract of land located at the southeast corner of Sid Allison Road and McKenzie Road prior to annexation. It is requested that .713 acres of the tract be zoned "B-1" and 12.5 acres be zoned "R-2". The requested zoning for the remainder of the tract is "R -1B", the zoning which the tract will automatically receive upon annex- ation. c. Recommendation that bids be received at 11:00 A.M., Tuesday, October 25, 1977 for 1,000 gallons of yellow and 2,000 gallons of fast dry white street marking paint for nine months beginning November 1, 1977, for the Traffic and Transit Department. Previously, bids were rejected and authority granted to revise the specifications to require fast dry paint. This type dries in 15-20 minutes as opposed to an hour for the paint presently being used and costs approximately 25 - 30C more per gallon. The City's striping machines have been modified to accomodate this fast dry paint. d. Recommendation that 4 exhibit cases to be used in the Mall Exhibit at the Corpus Christi Museum be purchased from IMPERIAL MILLS & FIXTURES, Corpus Christi on the basis of the only bid received of $4,300. e. Recommendation that bid award for 3 crystal chandeliers for the antique gallery at the Corpus Christi Museum be made to B. L. GUESS LIGHTING COMPANY, Corpus Christi on the basis of low bid of $5,250. Two bids were received. This exhibit has been made possible by designated donations. f. Recommendation that the $300.00 filing fee for the drilling of a well by Mr. Edwin L. Cox with the surface location in the City limits of Portland and the bottom hole location in Nueces Bay inside the City limits of Corpus Christi be waived. Mr. Cox has already paid the City of Portland a $500 fee for their permit. The surface location of the well is an Indian Point with the bottom hole in State Tract 753 just inside the City limits in Nueces Bay. A similar fee waiver was approved for another operator in 1973. U• Hari>rmnaudation that the I1101 'funnel (:Inaing by nrc•aprod and paymnni of $4,772.60 be made to L & M Metal ITabric:atore. The project consisted or sealing the two upper entrances to the Bluff Tunnel and the large lower entrance at the rear of La Retama Library. h. Recommendation that a revocable easement be granted to Mr. T. Frank Smith, Jr. in the public right-of-way of Agnes and South Staples Streets. The easement will allow the construction of balconies and canopies overhanging the right-of-way approximately 4 feet on the Agnes Street side and 2 feet on the Staples side. The request is made as a result of remodeling work currently underway on the Channel 6 building at this location. Minutes Regular Council Meeting October 5, 1977 Page 8 1. Recommendation that a multiple use agreement be executed with the Texas Department of Highways and Public Transportation regarding 0.401 acres of right of way of U. S. Highway 181 near the south end of the Nueces Bay Causeway. The agreement will enable the Texas School Land Board to grant the lease the City requested one year ago. The lease will enable the City to allow a bait stand operation adjacent to the public boat ramp. Several persons have expressed an interest in establishing a bait stand. City Manager Townsend explained that there is a need_for this multiple use agreement between the State and the City, but that this agreement will not commit the Council to the bait stand concept or to a particular bait stand owner. j• Recommendation that 174 acres, known as Tract "C", at International Airport be leased to Mr. Tommy M. Bernsen for farming for five years at a share rental of one-fourth of all cotton and seed and one-third of the grain crops with a minimum annual guarantee of $47.00 per acre ($8,178 total). Six bids were received with Mr. Bernsen's being the highest. Mr. Bernsen is a farmer with extensive local experience. k. Recommendation that values be approved for the acquisition of four parcels, totaling 364 acres, for International Airport and $514,000 be appropriated including contingencies and closing costs. These parcels are located east of Bockhold Road and north of McLoin Road. These are the first four of twenty-seven parcels to be acquired. A Federal Aviation Administration grant has been received for 90% of the acquisition cost with the remaining 10% to come from bonds approved in 1972. In regard to the farm lease at International Airport, recommended in Item "j", City Manager Townsend stated that several bids were received on this; this was the highest bid received; and this lease is recommended because Mr. Bernsen is a farmer with a great deal of experience. Relative to )tem "k", which concerns land acquisition at the International Airport, City Manager Townsend displayed for the Council a map showing the land involved. Mr. Townsend stated that it is hoped that FAA will allow the City to purchase the property at approved values; the staff will discuss the sale of the land with the owners and will probably arrange for continuation of farming by the owners, possibly on a lease -agreement plan. Mr. Townsend further stated that this is simply to approve the appraised values and further transactions will be before the Council on this matter. Council Member Diaz inquired if the City has the funds for this purpose, and City Manager Townsend stated that the City's 10% is available from the bond Minutes Regular Council Meeting October 5, 1977 Page 9 fund and the funds from the Federal government are available at this time. Mr. Townsend also informed the Council that condemnation would not be recommended for this acquisition. 1. Recommendation that the contract with Mrs. Margie Bennett for coliseum concessions be extended three years. The contract expires October 31, 1977. The extension will recognize the contractor's performance in terms of tenant satisfaction and revenue to the City. Revenue from the contract has averaged $56,010 per year while Mrs. Bennett has had the contract. The original 5 -year contract was awarded after competitive bids in 1969 and then extended for 3 years in 1974. City Manager Townsend stated that this renewal for three years is recom- mended with the present concessionaire because Mrs. Bennett has performed an excel- lent job. He also stated that this is a difficult contract to bid because it involves service for all types of events; therefore, no bids were taken at this time. Mr. Townsend informed the Council that bids were received in the past; the high bid was received from a national firm to whom the contract was awarded; and this did not work out because the firm would not provide service for all types of events. Mr. Townsend summarized by assuring the Council that Mrs. Bennett has been the best concessionaire that the coliseum has had in many years. m. Recommendation that three reclassifications be approved to enable the Accounting Division to retain and recruit qualified personnel to handle the complex requirements of the City's many grant programs. Accounting require- ments for new CETA programs have caused a serious staffing problem. The reclassifications would change a Senior Accountant I (Grade 23) to Senior Accountant II (Grade 26), a Senior Accountant II (Grade 26) to Senior Accountant III (Grade 28), and the Chief Accountant from Grade 33 to 35. The Grade 26 is charged to CETA Administration. In regard to Item "m", City Manager Townsend explained that because of the additional duties necessitated by CETA funds, serious problems have developed in the Accounting Department; therefore, it is recommended that the salaries of Ms. Donna Lorfing, who is the accountant in charge of Federal grants, and Mr. Randy Rolando, Chief Accountant, be increased. Mr. Townsend also explained that the duties of these two employees have increased, and the third position is now vacant, stating that this position will probably be easier to fill with the higher grade salary that is recommended. Mayor Luby called for further comments from the Council on the City Manager's reports. Minutes Regular Council Meeting October 5, 1977 Page 10 Council Member Lozano, in reference to Item "f", which concerned the filing fee for the drilling of the well, inquired about the reason the fee for the City of Corpus Christi is $300, whereas the fee for the City of Portland is $500. City Manager Townsend replied that the City of Corpus Christi's fee for drilling in the Bay is $500, but the fee on land is $300. Council Member Lozano suggested that the City's fee be increased to $500. Mayor Luby supported this suggestion. City Manager Townsend stated that he will have a report and a recommenda— tion on this next week. Mayor Luby called for comments from the audience on the City Manager's Reports. Mr. Benny Benavides, 2421 Cleo, referred to Item "m", which recommends changes in pay grades in the Accounting Department, and inquired about the salaries involved in these positions. City Manager Townsend stated that he will obtain that information for him. Mr. Benavides suggested that some applicants may wish to apply for these positions. City Manager Townsend explained that the position that is vacant is a Senior Accountant II (Grade 26), and the starting salary for this grade is $1,090 per month with increases to $1,262 after 30 months. During the foregoing comments, members of the audience in the rear of the Council Chamber complained that they were unable to hear the proceedings of the meeting. Mayor Pro Tem de Ases, noting that this problem has existed in the past, suggested that the possibility of the installation of additional speakers in the back of the Chamber be investigated. City Manager Townsend stated that he will have the system checked. There were no further comments in regard to the City Manager's Reports. Motion by Lozano that the City Manager's Reports, Items "a" through "m" be accepted; seconded by de Ases, and passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye" on all of the items; Luby voting "Aye" on all items except Item "m", on which he voted "No". * * * * * * tes Regular Council Meeting October 5, 1977 Page 11 Mayor Luby again referred to the appointment to the Civil Service Commis- sion and stated that he felt that the appointment of Dr. Brauer by the City Manager was illegal and the appointment should have been made by the Mayor. * Mayor Luby called for the presentation of the ordinances. City Manager Townsend briefly described the ordinances on the agenda and stated that the proposed amendments to the ordinances concerning the election will be presented prior to the second reading. City Manager Townsend presented the amendment to the ordinance calling an election for annexation, stating that the amendment was in compliance with the Council discussion during the Workshop Meeting. Motion by Sample, seconded by Diaz, that the ordinance ordering an election to be held on the 8th day of November, 1977, concerning annexation of certain territory to the City of Corpus Christi, read on the first of three readings on September 28, 1977, be and the same is hereby amended, prior to the second read- ing of said ordinance, by deleting the following territories: 1. Padre Island; 2. Gulf of Mexico Offshore Area; and 3. C P & L Nueces Bay Power Station. The motion carried by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay". City Manager Townsend next presented the proposed amendment to the ordinance calling the election on the question of the issuance of improvement bonds. Motion by Diaz, seconded by de Ases, that the ordinance calling an election to be held on the question of the issuance of improvement bonds, read on the first of three readings on September 28, 1977, be and the same is hereby amended, prior to the second reading of said ordinance, a copy of which amendment is attached hereto, marked Exhibit "A", and made a part hereof of the Minutes. The motion passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay". Mayor Luby called for comments from the City Council on the ordinances. Mayor Luby then inquired if public funds will be used to promote the bond issue, and Council Member Diaz inquired if the City staff will prepare some type of Minutes Regular Council Meeting October 5, 1977 Page 12 flyer or brochure to inform the public of the items to be included in the bond elec- tion. City Manager Townsend stated that the staff will prepare fact sheets and cost estimates of the project to be made available to the public, but that anything that promotes the passage of the bonds must be privately funded, - emphasizing that public funds can be used only to provide facts and information. Mayor Luby invited comments or discussion on the ordinances by members of the audience. Mr. Louis Schmidt, Manager of the Sheraton -Marina Inn, spoke in opposition to the ordinance increasing the hotel -motel occupancy tax. Mr. Schmidt informed the Council of the detrimental effect such a tax increase would have in connection with the booking of conventions, the promotion of tourism, and in the tour guide profes- sion. Mr. Schmidt explained how competitive the hotel business is and expressed the opinion that all of the local hotels and motels will suffer if the tax is increased. He also stated that the Sheraton -Marina Inn had submitted bids for a number of pro- posed tours and conventions, quoting the 6% tax, and if the ordinance is passed increasing the tax to 7%, the hotel will suffer a loss of profit. Council Member Gill stated that she had just participated in a four-day convention and had spoken to the director who was in charge of the arrangements. Mrs. Gill related that she had inquired of the director that if the hotel -motel tax had been 1% higher, would this have influenced the group to hold the conven- tion elsewhere, and the director had informed her that this would be a minor item to be considered, stating further that the most important thing considered would have been the type of accommodations and service obtainable here in Corpus Christi. Council Member Gill expressed the opinion that if the Tourist Bureau and the local hotels continue to provide the excellent service that they now do, there should be no problem in attracting conventions to the City, even if the tax is increased by 1%. Mrs. Vera Buchanan, 10637 South Padre Island Drive, owner of the Plaza Motel, spoke in regard to the same matter and stated that the small motels would ,utes Regular Council Meeting uctober 5, 1977 Page 13 suffer from the tax increase. Mrs. Buchanan informed the Council that even $1.00 makes a difference to the visitors who stay in the smaller motels near the beach, and she was concerned that even a small increase would influence winter visitors to stay in Port Aransas or Rockport when they come to this area. Mrs. Martha Chavez, 4702 Old Brownsville Road, #86, requested that the Council reconsider the hotel -motel tax increase, indicating that she feels that this will harm the hotel business in Corpus Christi. Dr. Leonardo Carrillo, 1906 Andrews Drive, urged passage of the ordinance increasing the hotel -motel tax. Dr. Carrillo stated that he felt that the 1% increase could be used for furtherance of the arts, which would attract a different kind of tourist to the City. He also requested that a portion of the funds realized from the proposed tax increase be allocated to support the event to be sponsored by the Canto de Pueblo in June of 1978, pointing out that this project will attract a number of visitors to the City. Mr. T. Delbert Bowen, owner of a hotel on Highway 44, spoke in opposition to the hotel -motel tax increase and expressed his concern that such an increase would adversely affect the hotel business, urging the Council not to increase the tax. Mrs. Joy Yates, 530 Dickens, speaking as an individual citizen, expressed opposition to the proposed tax increase. Mrs. Yates stated that she formerly owned a hotel and she recalled the problem that was created when a 2% tax was imposed. She also pointed out that when the economy is low, one of the first things people cut down on are travel and hotels. Mrs. Yates stated that she realized that many cities would take advantage of the legislature's ruling to allow this increase, but expressed the opinion that if Corpus Christi did not levy the additional tax, they would be in an advantageous position to attract tourists. Mr. Burton Johnson, Dean of Fine Arts of Del Mar College, spoke at this time and stated that everyone seemed to be in agreement that the arts are needed here in Corpus Christi, and a well -funded Tourist Bureau is needed. Mr. Johnson summarized by saying that the only difference of opinion is whether or not the tax should be increased. He mentioned the point that had been made that this increase Minutes Regular Council Meeting October 5, 1977 Page 14 is a tax without representation but he reminded the Council and the members of the audience that the option to add the additional tax was voted on by the legislators, who are elected by the people, so it is really not tax without representation. Mr. Johnson stated that he realized that a large number of groups will request funds that are collected by this tax, but suggested that the Municipal Arts Commission and the Arts Council make recommendations to the Council in regard to funding. Mr. Bill Curry, owner of Aztec Lumber Company, addressed the Council at this time and spoke in regard to the upcoming bond election, stating that he is very much in favor of the bond program but is opposed to the annexation being included in the same election. He stated that his property is included in the annexation proposal, and he would find it difficult to support the bond program if the annexation is a part of the election. Mr. Curry suggested that separate elections be held and promised his support of the bond program and stated that he will not oppose annexation if it is delayed until another election. Also speaking in regard to the proposed annexation was Mr. James Plank, manager of Gunderland Marine Supply, Inc. Mr. Plank stated that some of that com- pany's property is being considered for annexation, and Mr. Plank stated that about 80% of their service is for ships and the supply of goods for ships going through the port; therefore, he feels that they should be exempt from annexation since they are port related. Further discussion followed on whether or not this company is primarily port related, and City Manager Townsend determined from Mr. Plank that the other supplier of similar services is in the City limits and is thus paying taxes. Mr. Townsend also ascertained that Gunderland Marine does have sewer service. In a return to the discussion of the hotel -motel tax, Mrs. Marie S. Wood, 6134 Pebble Beach, stated that the Council had given excellent consideration to the development of all of the arts through the City budget with the exception of the art form of the dance. Mrs. Wood pointed out that nearly all of the 3% of the hotel -motel tax collected is designated for the Tourist Bureau. Mrs. Wood urged funding for furtherance of the arts, stating that she feels that this is an integral part of the promotion of tourism. ces Regular Council Meeting October 5, 1977 Page 15 Speaking in regard to the proposed annexation was Mr. Joe French, 4910 Oakmont Drive, representing Mack Trucks. Mr. French stated that there are five truck companies in the area scheduled for annexation. He, indicated that because of the name of his company, it might not be evident that the company is port related, but offered to provide evidence of invoices and a letter to the Council showing that they are port related. City Manager Townsend requested of Mr. French that his letter include infor- mation concerning the tonnage that actually goes through the Port. Also addressing the Council on the same matter was Mr. S. E. Wynn, manager of Cummins Sales and Service, who inquired as to what the companies would receive if they are annexed, pointing out that sewer service is not even in the planning stage for that area. City Manager Townsend informed him that annexation would simply place his company in the same position as other companies providing the same services but paying taxes. Another member of the audience speaking on annexation was Mr. Kenneth Gunderland, 1221 Cantwell, who inquired as to the percentage of tonnage that must go through the port to allow a company to be considered port related. City Manager Townsend explained that the Council needs to know what kind of items are shipped through the port by Gunderland Marine and whether the items are consumed or shipped to another port. Mr. Gunderland stated that his company sells food, medical supplies, repairs for ships, parts for repairs, and hardware, and indicated that approximately one-fourth of the materials are not consumed but are shipped to another port. Mr. Townsend stated that he did not feel that food or materials used for consumption on the ships could be considered as tonnage going through the Port. Mayor Pro Tem de Ases asked Mr. Gunderland if he could provide a written response on the matter showing that 80% of their business goes aboard ship, and of that, one-fourth is cargo. Council Member Gulley stated that the Council might at some time in the future consider annexing port -related industries, but at this time, they are Minutes Regular Council Meeting October 5, 1977 Page 16 attempting to be sure that they do not annex port -related industries. No one else spoke in regard to the ordinances. Mayor Pro Tem de Ases inquired of the Council if they would like to discuss annexation at this time before the ordinances are voted on. Council Member Sample suggested that the Council should decide before voting on the ordinances whether or not annexation and bond issues should be con- sidered during the same election. City Manager Townsend pointed out that the final action on this matter needs to be taken next week, but that the sooner it is resolved, the better the situation will be. Council Member Lozano suggested that the vote be taken on all of the other ordinances and discuss the matter further after the Special Meeting scheduled for 3:30 p.m. City Secretary Read polled the Council for their votes on all of the ordi- nances with the exception of the second reading on the ordinances concerning the election for the issuance of improvement bonds and the proposed annexation. The following ordinances were approved: FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCESSIONS, SAID CONCESSION RIGHTS TO BEGIN NOVEMBER 1, 1977, AND TO TERMINATE ON OCTOBER 31, 1980, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 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: AUTHORIZING THE CITY MANAGER TO LEASE A 174 -ACRE TRACT OF LAND IDENTIFIED AS TRACT "C" AT THE INTERNATIONAL AIRPORT TO MR. TOMMY M. BERNSEN FORA TERM OF FIVE (5) YEARS AT A SHARE RENTAL OF ONE-FOURTH (1/4) OF ALL COTTON AND SEED AND ONE-THIRD (1/3) OF THE GRAIN CROPS WITH A MINIMUM ANNUAL GUARANTEE OF $47.00 PER ACRE, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. 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". Minutes Regular Council Meeting October 5, 1977 Page 17 SECOND 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 second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". SECOND 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 second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". SECOND 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 3% TO 4%; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: de Ases, Diaz, Gill, Gulley and Lozano voting "Aye"; Luby voting "Nay"; Sample, "Abstained". ORDINANCE NO. 13967: GRANTING A REVOCABLE EASEMENT TO T. FRANK SMITH, JR., INTO THE RIGHT OF WAY OF AGNES AND SOUTH STAPLES STREETS FOR THE CONSTRUCTION OF MANSARD CANOPIES AND BALCONIES, SAID EASEMENTS EXTENDING FOUR FEET INTO THE PUBLIC RIGHT OF WAY OF AGNES STREET AND SOUTH STAPLES STREET, ALL AS MORE FULLY SET FORTH IN THE RE- VOCABLE EASEMENT, 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. 13968: AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTIPLE USE AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION REGARDING 0.401 ACRES OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 181 AT THE NORTH END OF CORPUS CHRISTI BEACH, AS MORE FULLY SET FORTH IN THE 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. 13969: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 2, 3, 4 AND 5 IN CONNECTION WITH THE INTERNATIONAL AIRPORT LAND ACQUISITION PROJECT; APPROPRIATING $514,000 OUT OF THE DEPARTMENT OF TRANSPORTATION GRANT NO. DOT-FA-76SW-8100, FAA PROJECT NO. 6-48-0051-5, AIRPORT LAND GRANT, FOR SAID LAND ACQUISITION, OF WHICH $467,250 IS FOR ACQUISITION AND $46,750 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES RELATED TO CLOSING; AUTHORIZING THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE IN PROJECT NO. 245-72-1, AIRPORT LAND EXPANSION FOR SAID APPROPRIATION OF $514,000; AND DECIARING AN EMERGENCY. Minutes Regular Council Meeting October 5, 1977 Page 18 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. 13970: AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND JERRY BESHEARS DBA JACKBUCK ENTERPRISES, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF CERTAIN TRACTS OR PARCELS OF LAND, CONSISTING OF 2.0 ACRES, MORE OR LESS, OUT OF TRACT 7, WM. J. ROBERTSON FARM TRACTS, AS SHOWN BY MAP OF RECORD IN VOLUME 39, PAGES 114- 115, MAP RECORDS, NUECES COUNTY, TEXAS, PROPOSED TO BE REPIATTED AS LOTS 1 AND 2, DELTA ACRES SUBDIVISION, AND A PORTION OF SARATOGA BOULEVARD, ALL AS IS MORE FULLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; 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. 13971: RATIFYING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION 00 THE PROPERTY AS SHOWN IN EXHIBIT "A" ATTACHED, CONSISTING OF APPROXIMATELY 2.0- ACRES OUT OF TRACT 7, WM. J. ROBERTSON FARM TRACTS, AS SHOWN BY MAP OF RECORD IN VOL. 3, PAGE 31, MAP RECORDS, NUECES COUNTY, TEXAS, PROPOSED TO BE REPIATTED AS LOTS 1 AND 2, DELTA ACRES SUBDIVISION, AND A PORTION OF SARATOGA BOULEVARD, ALL AS MORE FULLY SET FORTH IN THE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND JERRY BESHEARS, DBA JACKBUCK ENTERPRISES, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; PROVIDING 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". Motion by de Ases that the Regular Council Meeting be recessed at 4:00 p.m., to be reconvened following the Special Council Meeting scheduled for 3:30 p.m.; seconded by Sample and passed unanimously. * * * * * * The Regular Council Meeting was reconvened at 6:00 p.m. following the public hearings on zoning cases. City Manager Townsend referred to the ordinances listed on the agenda as Items "c" and "d", which were amended earlier, and which concern the proposed election on the bond program and annexation. In regard to annexation, Mr. Townsend stated that the areas eliminated from the ordinance on annexation by the motion passed earlier in the meeting are the Padre Island territory, Gulf i _es Regular Council Meeting October 5, 1977 Page 19 of Mexico Area, and the Central Power & Light Nueces Bay Power Station. Discussion followed in regard to the areas considered for annexation which several property owners had objected to earlier in the meeting. Council Member Gulley stated that he felt that the Council had already removed the most controversial annexation items from the list after their discus- sion during the Workshop Meeting and expressed the opinion that there will be no problems that would endanger the bond issues if the remaining annexation propo- sals are considered in the same election. Council Member Sample indicated that he does not feel that the Council can take a chance on having the bond issues defeated, and if including annexation in the same election would jeopardize the bond election, he preferred to have just the bond issues on the ballot. Mayor Luby and Council Members Lozano and Diaz stated that they agreed that the annexation should not be_con§ideied,as a part of the election on November 8. Council Member Gulley expressed the opinion that the citizens would be aware that annexation will be considered at a later date, possibly in February, and sug- gested that approximately $19,000, which is the estimated cost of an election,would be saved if the two issues are combined. Motion by Sample that the Council include only the bond issues for the election to be held on November 8; seconded by Diaz. Mayor Pro Tem de Ases stated that he was a little concerned about includ- ing the annexation on the same ballot with the bond issues, but suggested at this time that the Council unite and support the bond issues. Council Member Sample also stated that the City Council needs to present a united front on the matter. Mayor Luby stated that he will make his own decisions and express his own opinions. Mayor Luby then called for the vote on Council Member Sample's motion, and the motion passed by the following vote: Luby, Diaz, Gill, Lozano and Sample voting "Aye"; de Ases and Gulley voting "No". Minutes Regular Council Meeting October 5, 1977 Page 20 City Manager Townsend reminded the Council that a public hearing date on the proposed annexation had previously been set, and in view of this action, there was a need to cancel the public hearing scheduled for October 26, 1977. Motion by Sample that the public hearing on annexation set for October 26, 1977, be canceled; seconded by Diaz and passed unanimously. Mr. Curry, who had earlier spoken in opposition to the proposed annexa- tion being considered as a part of the upcoming election, promised to work to support the bond issues and stated that when annexation is considered at a later date, he will not oppose it. The representatives of Gunderland Marine Supply, Inc., offered support for the bond issues. City Manager Townsend presented the following ordinance, as amended, for Council consideration on its second reading. City Secretary Read polled the Council, and the ordinance 'was approved by the following vote: SECOND 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 second time,and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". The ordinance listed as Item "c" on the agenda which dealt with calling an election for annexation was not presented for second reading in view of the Council's motion not to include this in the November 8 election. City Manager Townsend presented the Council with a report on CETA employees which had been requested. City Manager Townsend informed the Council that the E.P.A. grants for Step 3 for the Broadway and Westside Wastewater System improvements had been approved. Mayor Luby called for petitions and comments from members of the audience. Mrs. Martha Chavez, 4702 Old Brownsville Road, #86, requested Council approval of a Mexican Fiesta Celebration to be sponsored by Our Lady of the Pillar Catholic Church and to be held in Laguna Park. Mrs. Chavez stated that they , Minutes Regular Council Meeting October 5, 1977 Page 21 would like to have East and West Theresa Street closed to vehicular traffic for this event on November 6, 1977. City Manager Townsend stated that there are certain mechanics to be taken care of when a street is closed and the applicant must agree to comply with cer- tain items. He stated that this will be handled as quickly as possible so that') the matter can be placed on the agenda next week. Mrs. Chavez invited the Council to attend the celebration. There being no further business to come before the Council, on motion by de Ases, seconded by Diaz, and passed unanimously, the meeting was adjourned at 6:25 p.m. October 5, 1977. M O T I O N David Diaz • moved and Eduardo E. de Ases seconded the motion that the ordinance calling an election to be held on the question of the issuance of improvement bonds, read on the first of three readings on September 28, 1977, be and the same is hereby amended, prior to the second reading of said ordinance, as follows: 1. Delete the wording "TRANSPORTATION - $925,000" before Proposition No. 2. 2. Renumber Propositions 2A and 2B as Propositions 2 and 3, respectively. 3. Renumber Proposition 3 as Proposition 4, and delete therefrom the wording, "Museum and Coliseum improvements." 4. Change Proposition 4 to 5; change the caption from "MULTI- CULTURAL CENTER - $720,000" to "PUBLIC BUILDINGS - $1,690,000" and change the proposition to read, "Coliseum and Museum improvements, Multi -cultural Center in existing Bayfront Science Park, and Library in Northwest Area of City, $1,690,000." 5. Delete former Proposition 5. 6. That Section 4 be amended by changing the form of the Propositions to appear on the ballot so as to include each of the improve- ments as set out in the bond propositions, so as to permit the electors to vote "FOR" or "AGAINST" the Propositions, which shall be set forth in 'substantially the following form: FOR •) AGAINST ) FOR ) ) • - AGAINST ) PROPOSITION NO. 1 THE ISSUANCE OF SANITARY SEWER BONDS IN THE SUM OF $11,710,000•FOR CONSTRUCTING IMPROVEMENTS TO THE SANITARY SEWER SYSTEM, INCLUDING IMPROVEMENTS TO BROADWAY, WESTSIDE, OSO, LAGUNA MADRE, AND ALLISON PLANTS; REHABILITATION OF McARDLE TRUNK LINES; REPLACEMENT OF PORT AVENUE TRUNK LINES; EXTENSION OF LATERALS IN FLOUR BLUFF, CALALLEN AND ANNAVILLE AREAS; MAINTENANCE YARD FACILITIES, AND OTHER SANITARY SEWER IMPROVEMENTS. PROPOSITION NO. 2 THE ISSUANCE OF AIRPORT BONDS IN THE SUM OF $825,000 FOR CONSTRUCTING AIRPORT IMPROVEMENTS AT THE CITY'S INTERNATIONAL AIRPORT, INCLUDING EXPANSION OF TERMINAL BUILDING, PARKING AND ACCESS FACILITIES, AIRCRAFT PARKING RAMPS, AND OTHER AIRPORT IMPROVEMENTS. EXHIBIT "A"