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HomeMy WebLinkAboutMinutes City Council - 10/12/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 12, 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 meeting to order in the Council Chamber of City Hall in the absence of Mayor Jason Luby who was conduct- ing official business in his office. The Reverend Richard Giller, pastor of the Church of the Open Door, gave the invocation. 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. Mayor Pro Tem de Ases announced that the following proclamations had been presented by Mayor Luby prior to the meeting: CORPUS CHRISTI BALLET THEATRE DAY - October 15, 1977; WHITE CANE SAFETY DAY - October 15, 1977; NATIONAL CATHOLIC DAUGHTERS OF AMERICA DAY - October 16, 1977; and NATIONAL BUSINESS WOMEN'S WEEK - October 16-22, 1977. Mayor Pro Tem de Ases suggested that appointments to Boards and Commis- sions be delayed until Mayor Luby arrived at the meeting. Mayor Pro Tem de Ases announced the bid opening on theater lighting equipment for the Community Auditorium. Mr. James K. Lontos, Director of Engineering and Physical Development, who was present to open the bids, explained that the items included in the bid were house and dimming equipment, lighting instruments, lamps, a monitor -page audience recall system, related equipment and the installation of the equipment. He also explained the procedure to be followed in.the opening of the bids. *Mayor Luby arrived at the meeting at 2:10 p.m. Mr. Lontos opened bids from the following companies: Kliegl Brothers, Long Island, New York; PRAN Lighting International, bidding in conjunction with Strand Century, Los Angeles, California; Texas Scenic Company, Inc.; and Hub SEP p 3 i�0 Minutes Regular Council Meeting October 12, 1977 Page 2 Electric Company, Inc., Elmhurst, Illinois. Mr. Lontos read a telegram which had been received in the Office of the City Secretary from Knoxville Scenic Studios, Knoxville, Tennessee, in which that company requested that certain amounts be added to their bid; however, at the time the bids were being opened, the bid proposal from that company had not been received. Mayor Luby stated that the foregoing bids will be tabled for 48 hours and referred to the City Staff for tabulation and recommendation, pursuant to the requirements of the City Charter. Council Member Gulley commented on the fact that all of the bids received were from out-of-town companies and inquired if any local companies had obtained plans and specifications on the project. Mr. Jim Ratcliff, Architect with the firm of SHWC, Inc., informed the Council that a number of local contractors had taken out plans, but most of the equipment included in the specifications is manufactured in other cities. Mr. Ratcliff stated that the bid from Hub Electric Company, Inc., was submitted by a local company. He also pointed out that this project includes installation of the equipment, and this work will be performed by local contractors under the super- vision of the bidder. Later in the meeting, at 2:35 p.m., the bid proposal from Knoxville Scenic Studios was delivered to the Council Chamber to City Secretary Read, having just arrived in the City by air freight. Discussion followed as to whether or not the bid should be opened. City Manager Townsend stated that no precedent existed with these circumstances in which a telegram had been received but the actual bid had not arrived. City Attorney Aycock emphasized that in the bidding instructions, there is a statement that late bids will not be accepted. Mayor Luby asked that the records reflect that it was the Council's consensus that the bid should not be opened since it was delivered after 2:00 p.m. and after all of the other bids were opened and read. —.mutes Regular Council Meeting October 12, 1977 Page 3 City Manager Townsend announced the public hearing on the contractual annexation of a 47.939 acre tract of land generally located between I.H. 37, McKenzie Road and the Allison Treatment Plant. City Manager Townsend located the area to be considered for annexation on the map and stated that the Allison Wastewater Treatment Plant is inside the City limits. Mr. Townsend also stated that a zoning application will be considered within the next two weeks to designate a portion of the proposed area as "B-1", another portion as "R-2" and the remainder as "R -1B". He informed the Council that the reason for the contractual annexation is that the owner desires to be served with City utilities. Mayor Luby called for comments from the audience in regard to the annex- ation. An unidentified gentleman in the audience inquired if this is the Castle River Subdivision, and City Manager Townsend replied that it is not. No one else spoke in connection with the annexation. Motion by Gulley that the hearing be closed, seconded by Gill and passed unanimously. Motion by Gulley that the proposed contractual annexation be approved, seconded by Diaz and passed unanimously. Mayor Luby announced the appointments to Boards and Commissions. Mayor Luby nominated Mr. Stern Feinberg and Mrs. William C. Bonilla to the Municipal Arts Commission. Motion by Gill that the Council approve the following appointments as made by Mayor Luby, seconded by Sample and passed unanimously: MUNICIPAL ARTS COMMISSION Term to Expire: Mr. Stern Feinberg 9/1/78 Mrs. William C. Bonilla 9/1/80 In regard to the vacancy on the Municipal Industrial Commission, Mayor Luby read into the record the following letter: Minutes Regular Council Meeting October 12, 1977 Page 4 "Citizens of Corpus Christi. City Council City Manager City Secretary Ladies and Gentlemen: "After reviewing a letter addressed to me from Mr. Henry Nuss (copy attached) I find the name of Jorge C. Rangel listed along with the name of Henry Nuss, both attorneys for the law firm Kleberg, Mobley, Lockett and Weil. Mr. Nuss is presently serving on the Civil Service Board and Commission; therefore, I don't find it proper or even fair to consider another attorney from the same firm for appointment to another city board. "Therefore, I submit to you an outstanding and popular attorney who I am sure the City Council will agree will make an excellent member of the Industrial Commission. It 1s my pleasure to nominate Mr. Rudolph Garza, Jr. /8/ Jason Luby Mayor" Mayor Luby then lead the following letter in regard to the City Charter: "Citizens of Corpus Christi City Council City Manager City Secretary Ladies and Gentlemen: "The City of Corpus Christi Charter amendment granting to the Mayor of Corpus Christi the right to appoint members of certain boards or commis- sions, adopted in a referendum election expresses the will of the voters and this can only be changed by a referendum election expressly called for the purpose of making any such change in the Charter. "Any attempt by the City Council to usurp the wishes of the voters of the city expressed by provisions of the City Charter adopted by the voters of the city in a referendum election, by the passage of an ordinance or reso- lution of said City Council changing the method prescribed by said Charter amendment is unconstitutional and against the will of the people. "The City of Corpus Christi Ordinance #12824 is an attempt by the City Council to usurp a right and privilege of the voters of said city which can only be expressed by a referendum election. Any action by the City Council attempting to effect a change of the expressed will of the voters of the City of Corpus Christi by ordinances passed by the City Council is unconstitutional and unlawful and of no force or effect. /s/ Jason Luby Mayor" Motion by Gill that Mr. Rudy Garza, Jr. be appointed to the Municipal Industrial Commission. Mayor Pro Tem de Ases nominated Mr. Jorge C. Rangel to the Municipal Industrial Commission. •Minutes Regular Council Meeting October 12, 1977 Page 5 Motion by Sample that the nominations cease, seconded by Diaz. Mayor Luby commented on the fact that he had nominated three different citizens on three occasions to fill the vacancy on the Municipal Industrial Commission and the Council would not confirm the appointments. Mayor Luby also pointed out that Mayor Pro Tem de Ases has submitted only the name of Mr. Jorge C. Rangel for the vacancy. Mayor Luby stated that disrespect had been shown to the office of the Mayor. Mayor Pro Tem de Ases stated that he had attempted to assure the Mayor in the morning Workshop Meeting that this was not in disrespect to the office of the Mayor but only an effort to place a well-qualified citizen on this Commission, and the nominations were made in a regular manner. The vote on the motion that the nominations cease passed unanimously. Mayor Luby called for the vote on the two nominations. Voting for Mr. Rudy Garza, Jr. were Luby and Gill. Voting for Mr. Jorge C. Rangel were de Ases, Diaz, Lozano and Sample. Council Member Gulley abstained from voting. By a majority vote of the Council, the following appointment was made: MUNICIPAL INDUSTRIAL COMMISSION Term to Expire Mr. Jorge C. Rangel 1/26/78 City Manager Townsend stated that there is a need for the Council to con- firm appointments to the Museum Advisory Board which were made by other groups. Motion by de Ases that the following appointments be confirmed by the Council, seconded by Gulley and passed unanimously: MUSEUM ADVISORY BOARD Term to Expire Mrs. Helen Ruhlen (Museum Guild) 9/1/80 (Reappointment) Mrs. Betty Snow (C.C. Independent School Dist.) 9/1/80 Mrs. G. Russell Kirkland (Museum Advisory Bd.) 9/1/80 (Reappointment) Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation. a. Recommendation that bids be received at 11:00 a.m., Tuesday, November 1, 1977 for 18,400 feet of various sizes of copper tubing (a 3 month's sup- ply) for use by the Water Division. The price of copper tubing fluctuates frequently and thus it is recommended that only a 3 -month supply be pur- chased. Minutes Regular Council Meeting October 12, 1977 Page 6 b. Recommendation that bide be received on Wednesday, November 2, 1977 for the lease of minerals underlying 65.5 acres owned by the City adjacent to Lake Corpus Christi. A previous lease on this tract has expired. An individual has expressed an interest in leasing the minerals. The proposed lease would provide that: (1) The minimum period be 90 days with a bonus of at least $12.50 or $50 per acre per year. (2) Any surface use receive the approval of the Lower Nueces River Water Supply District. (3) All City land'drilling ordinance requirements would apply. (4) Unitization of any portion would only hold the portion so unitized beyond the primary lease. c. Recommendation that the following action be taken in connection with the 3rd Year Community Development project, Casa Blanca, La Arboleda and High Terrace Area Street Improvements: (1) The assessment hearing be closed and the assessment rolls for Phase A and Phase B be adopted. The assessments for Phase A are $108,212.96 and include 231 items on the following streets: Bolivar Street from MacArthur Street to Eisenhower Street; Presa Street from MacArthur Street to Eisenhower Street; Soledad Street from MacArthur to Greenwood Drive; Guadalupe Street from MacArthur to Eisenhower; MacArthur Street from Tarlton to Belton Street; and Eisenhower Street from Bolivar to Belton Street. The assessments for Phase B are $225,594.02 and include 413 items on the following streets: Wainwright Street from MacArthur Street to Eisenhower Street; Montgomery Street from MacArthur Street to Eisenhower Street; Dunbar Street from MacArthur Street to Greenwood Drive; Halsey Street from MacArthur Street to Eisenhower Street; Nimitz Street from South Port Avenue to Eisenhower Street; MacArthur Street from Tarlton Street to Nimitz Street; Eisenhower Street from Tarlton Street to Nimitz Street; Goliad Street from South Port Avenue to Lamar Street; San Jacinto Street from South Port Avenue to Lamar Street; Sonora Street from South Port Avenue to Greenwood Drive; Alamo Street from South Port Avenue to Lamar Street; and Lamar Street, Goliad Street to Baldwin Boulevard. The non-residential curb, gutter and pavement rate and the driveway rate have been reduced to $7.42 per 1.f. and $2.02 per sq. ft. to conform with the rates on Phase A. (2) The contract for Phase A be awarded to Asphalt Maintenance Company for $315,058.35 and $335,000 be appropriated, including engineering, laboratory testing and related'expenses. (3) The contract for Phase B be awarded to Asphalt Paving and Construction Company for $641,321.94 and $680,000 be appropriated including engineering, laboratory testing and related expenses. Minutes ,Regular Council Meeting October 12, 1977 Page 7 *d. Recommendation that an agreement be executed with Greenway Ventures, a Partner- ship, developers of Greenway Gardens Subdivision, Unit 2, for City participation of $9,115.35 for one half the construction costs for street improvements around the subdivision's dedicated park. The subdivision is located off Rodd Field Road between Williams Drive and Holly Road. e. Recommendation that the 4200 block of West Theresa and East Theresa Streets, from'Bloomington to Lolita Streets, be closed to vehicular traffic from 9:00 a.m. to 9:00 p.m., Sunday, November•6, 1977, so that Our Lady of the Pillar Catholic Church may sponsor a Mexican Fiesta Celebration. f. Recommendation that the speed limit on Lexington Boulevard, between Padre Island Drive and Leopard Street, be reduced from 50 mph to 45 mph. There has been an increase in commercial establishments along the street resulting in more turning movements. into these establisbments,,•creating traffic stacking and a hazardous condition. The width of the roadway does not allow vehicles to go around a vehicle attempting a left turn. The Traffic Safety Advisory Board so recommends. g. Recommendation that bids be received at 11:00 A.M., Tuesday, November 1, 1977 for traffic control equipment including 31 eight -inch traffic signals, 22 twelve -inch signals and 5 sets of school speed limit flashers. The signal equipment will be used to replace corroded signals at Ayers and Ocean Drive with polycarbonate signals and to replace obsolete four way signals at 18 intersections with one way signals to increase safety and drivers' observance. h. Recommendation that the portion of Aubrey Street between Water Street and Ocean Drive adjacent to the Sand and Sea Resort Motel be leased to the motel for five years for parking. Sometime ago, the motel requested and a hearing was held on the closing of the street but the street was not closed. A storm sewer, gas line, and sanitary sewers are located in the right-of-way. The street is of use only to the motel. It is recommended that the lease provide an annual rental of approximately what the City's ad valorem taxes would be on the street if it were owned by the motel. The rent for the first year • is $375. The rent for each year thereafter would be adjusted to approximate what the then current ad valorem taxes would be. Either party would be able to cancel the lease upon 30 days written notice and the City would reserve the right to maintain all utilities lying beneath the surface of the street. i. Recommendation that bids be received at 11 a.m., Tuesday, November 8, 1977 for 1,074 dark blue uniform trousers, 989 medium blue shirts, 85 white shirts and 726 jumpsuits for the Fire Department. The firefighter contract provides that if the City establishes a new style and color of uniform each Firefighter I and Firefighter II will be furnished with 3 uniforms and 3 jumpsuits, each EMTA 4 uniforms and 2 jumpsuits, each Fire Inspector with 5 uniforms and 1 jumpsuit, each Lieutenant and Captain with fire suppression duties with 4 uniforms and 2 jumpsuits or with 5 uniforms and 1 jumpsuit each if they do not have fire suppression duties and each chief officer with 5 uniforms and 1 jumpsuit. The contract further provides that the City will pay 100% of the cost of the original uniform issue and 75% of replacement unforms. The white shirts will be worn by the chief officers. The current uniform color is tan. In regard to Item "i", in regard to uniforms for the Fire Department, Council Member Sample inquired if the cost of the uniforms was considered as part of the salaries in this department when the contract was approved. City Manager Townsend replied that this was a part of the contract. * This item was withdrawn from City Manager's Reports. See Page 8. Minutes Regular Council Meeting October 12, 1977 Page 8 Mayor Luby called for comments from the audience in regard to the City Manager's Reports. Mr. Toby Craddock, 7417 Whisper Wind, spoke in connection with Item "d" and requested that the Council delay payment for street improvements in connection with this subdivision. He stated that he is the owner of Lot 4, Block 9, Greenway Gardens Subdivision, Unit 1, which backs up to the subdivision referred to in this item. Mr. Craddock related to the Council his concern in regard to the drainage of his property as a result of the construction methods used by the developers of Greenway Gardens Subdivision, Unit 2, which was designed and engineered by Urban Engineering, who also designed Unit 1. He stated that he expressed his concern about the drainage of his property in July, 1977 to personnel in the Engineering and Physical Development Department, and also to Urban Engineering. Mr. Craddock stated that according to the ordinance, all lots should drain to the street, but in this case, because of the placement of fill dirt, the new subdivision drains towards his property. Mr. Craddock showed pictures taken of his property following the most recent rain. He stated that he was told on Monday that the new subdivision had not been accepted by the City, but he provided the Council with a copy of a Cer- tificate of Completion on the new subdivision dated October 5, 1977. He stated that he was told by personnel in Engineering and Physical Development that the drainage problem would be corrected before the Certificate of Completion was approved. Mr. Craddock then explained that he had discussed this drainage prob- lem with the Assistant City Manager and the Mayor and he would like to be sure that his complaint is on record before the subdivision is accepted by the City. Assistant City Manager Walker ascertained that the City Engineering Department has not accepted the subdivision yet, and the Certificate of Comple- tion that Mr. Craddock referred to was signed by Urban Engineering, not by the City's Engineering Department. *City Manager Townsend stated that he would like to withdraw Item "d" from the City Manager's Reports until this matter has been resolved. Minutes Regular Council Meeting October 12, 1977 Page 9 Mr. Craddock requested that a copy of the minutes be mailed to him, and Mayor Pro Tem de Ases requested that Mr. Craddock be notified when this item is placed on the agenda again. There was no further discussion on the City Manager's Reports. Motion by de Ases that the City Manager's Reports, Items "a" through "i", with the exception of Item "d", which was withdrawn, be approved; seconded by Diaz and passed unanimously. City Manager Townsend stated that there is a need to amend the ordinance calling an election on November 8, 1977 on various bond issue propositions prior to its third reading. Motion by Gill that the Council approve the amendment to the ordinance on various bond issue propositions; seconded by Sample and passed unanimously. (A copy of the motion containing the amendments is attached hereto, marked Exhibit "A", and made a part of the Minutes.) * * * * * * City Manager Townsend presented the Council with copies of the pending projects from previous bond issues that are not actually under construction at this time, stating that a memorandum of explanation will be prepared for next week. * * * * * * Mayor Luby announced the public hearings on four zoning applications. City Manager Townsend announced the public hearing on Application No. 977-1, Mr. Lester B. Ralph, Jr., for change of zoning from "R -1B", One -Family Dwelling District, to "AB", Professional Office District, on Lot 18, Block 6, Koolside Addition, located on the west side of Airline Road approximately 700' south of Gollihar Road. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend denial. City Manager Townsend read a letter from the applicant, Mr. Ralph, informing the Council that he will be out of the State until October 14 and requesting that the hearing be recessed until another date after that. Minutes. Regular Council Meeting October 12, 1977 Page 10 Mayor Pro Tem de Ases explained that the hearing will have to be held today since publication of the hearing had been made and notices of the hearing mailed to property owners in the area prior to receipt of the letter from Mr. Ralph. City Manager Townsend stated that it would be possible to recess the hearing until another date when Mr. Ralph will be able to appear. Mr. Townsend stated that in response to the notices mailed to property owners, two in favor had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map; explained that a residential house is located on the property; explained the land use in the area; showed slides of the area; and stated that the Planning Staff recommends denial because business zoning along this street would create dense traffic problems and would constitute spot zoning. Speaking in favor of the change of zoning was Mrs. Ruby Winstead, 917 Airline Road, who owns property two lots down from this location. Mrs. Winstead stated that Airline Road is a very busy street and unsuitable for residential use and recommended "AB" zoning for this location as well as all of that area of the street. No one spoke in opposition to the change of zoning. Mayor Pro Tem de Ases introduced Mr. Noe Mendez, member of the Planning Commission, and asked for his comments on the Planning Commission recommendation. Mr. Mendez stated that the reason that the Planning Commission recommended denial was because they did not want Airline Road to become such a hazardous street as Everhart Road has become. Motion by Sample that the hearing be recessed for two weeks to allow the applicant to appear before the Council; seconded by Diaz and passed unanimously. Mayor Pro Tem de Ases announced the public hearing on Application No. 977-2, Mr. John L. H. Matteson, for change of zoning from "R -1B" One -Family Dwell- ing District; to "B-1", Neighborhood Business District, on a 1.518± acre tract out Minutes Regular Council Meeting October 12, 1977 Page 11 of Lot 9, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest corner of Waldron and Purdue Roads. City Manager Townsend stated that the Planning Commission recommends appro- val and the Planning Staff recommends denial, but in lieu thereof grant "R-2" as a transition between the business area and schools; approval would cause additional business requests from residents along Lynn Street; the proposed use would generate additional traffic and create a safety hazard for school children in the area. He informed the Council that in response to the notices of the public hearing mailed to affected property owners, two in favor and one in opposition had been returned. Mr. Townsend stated that the one in opposition was from the Flour Bluff Independent School District, which invokes the 20% rule. Chief Planner Wenger located the area on the zoning and land use map; explained the land use in the surrounding area; showed slides of the area; and stated that the property now has a nursery on it. Mayor Pro Tem de Ases invited the applicant to speak at this time. Mr. Kenneth Hannam, Attorney representing Mr. Matteson, spoke on his behalf and stated that the applicant desires to sell the property to a man who wants to construct an ice cream parlor on the lot. Mr. Hannam expressed the opinion that Waldron Road is a major thoroughfare in the City; commercial develop- ment exists along the Road, which will continue along this street; and stated that the traffic count on this area of Waldron is high, which precludes its being a good residential street. He explained that the prospective buyer of the lot plans to construct a nice building and stated that there should be no problem with• pedestrians walking along the road because most of the students attending the school in the vicinity are bused to school. No one spoke in regard to this application. 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 "B-1"; seconded by Diaz and passed unanimously. Minutes Regular Council Meeting October 12, 1977 Page 12 City Manager Townsend announced the public hearing on Application No. 977-3, Estates of Mary Cech Trefflich and Frank A. Cech, for change of zoning from "A-2", Apartment House District, to "AB", Professional Office District, on Lot 6, Block 42, Bluff Addition, located at the southwest corner of Waco and Lipan Streets. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval of this application, and that, in response to the notices of the public hearing that were mailed to affected property owners, three in favor had been returned. Chief Planner 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. No one spoke in regard to this application. Motion by Gulley that the hearing be closed and that the recommendation of the Planning Commission be accepted and the zoning be changed from "A-2" to "AB"; seconded by Sample and passed unanimously. * * * * * * City Manager Townsend announced the public hearing on Application No. 1077-6, City of Corpus Christi, from "B-5", Primary Business District, and "A-2", Apartment House District, to "I-2", Light Industrial District, on the south 100' of Lots 1, 2 and 3 and all of Lots 4, 5 and 6, Block 10, Jones Addition, and Lots 1-10 and the west 28.55' of Lot 11, Block 60, Bluff Addition, and Lots 10-12 and Lots 2-4, Block 45, Bluff Addition, located between Josephine and North Staples Streets and between Leopard and Mestina Streets. Mr. Townsend stated that the property involved includes the Sears Building and related parking for that company; that the Industrial Commission and staff have been working to place light industry in this building for the manufacture of ladies wearing apparel; and that in response to the notices of the public hearing that were mailed, four in favor and none in opposition had been returned. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval of the "I-2" zoning on all of Block 60, Bluff Addition; that it be denied on Lots 3, 4, 5 and 6, Block 10, Jones Addition, and in lieu thereof "B-5" Primary Business District be approved; and that it be denied on Lots 1 and 2, Block 10, Jones Addition, and Lots 10 thru 12 and Lots 2 thru 4, Block 45, Bluff Addition. Minutes Regular Council Meeting October 12, 1977 Page 13 Chief Planner 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. No one spoke in opposition to this application. Motion by Sample that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Gill that the recommendation of the Planning Commission be approved, seconded by Sample and passed unanimously. Mayor Luby called for the ordinances. City Manager Townsend briefly des- cribed the ordinances and asked that the ordinance listed as Item "m" be withdrawn from consideration. - There being no discussion by the Council on the ordinances, Mayor Luby called for discussion from the audience. Mr. Carl Fields, Manager of the Ramada Inn and President of the Hotel -Motel Association, spoke in opposition to the ordinance increasing the hotel -motel tax by 1%. Mr. Fields expressed the opinion that the 3% tax currently being levied is sufficient to•promote tourism and convention activities for the City and that if this percentage is maintained, the City of Corpus Christi will have an advantage over other cities that increase their taxes. He pointed out that through increased business and higher hotel -motel charges, this 3% tax has increased revenue over the past ten years. Mr. Fields reiterated that there is no need for this tax increase, and the hotel -motel owners are strongly opposed to it. Mr. Louis Schmidt, manager of the Sheraton -Marina Inn, also spoke in opposi- tion to the proposed tax increase, stating that it is anticipated that there will be ample funds to meat•the needs of the promotion of tourism and convention center business and also to provide funds for furtherance of the arts. Also speaking in opposition to the tax increase was Mr. Jim Sawyer, manager of La Quinta Royale. Mr. Sawyer stated that he believed that the Council's position- on the tax increase was because of political pressures and urged them to vote on the ordinance as they think they should. He also indicated that he felt that furtherance Minutes Regular Council Meeting October 12, 1977 Page 14 of the arts should be funded by some other source, preferably by donations by citizens as occurs in other cities. Mr. Stern Feinberg, manager of Master Host Inn, also spoke in opposition to passage of this ordinance. He pointed out that the 3% tax is producing more income than it formerly did because of the increase in hotel rates and the increase in busi- ness. Mr. Feinberg suggested that rather than increase the tax by 1%, that the Council allocate the excess funds generated by the 3% tax,after the Tourist Bureau has been provided with funds, for furtherance of the arts. Dr. M. L. Norvell also spoke in opposition to the tax increase and expressed the opinion that one industry should not be taxed to support the arts. Mrs. Jerry Watson Bush, owner of a small motel, stated that she was opposed to the tax increase because most of her income is derived from working men who come to the City to work in the refineries and construction business and have to stay in local hotels and motels. She indicated that she did not think it was fair to tax this type of visitor to the City since they are here out of necessity -- not as tourists. The next citizen speaking in opposition to the tax increase was Mr. Delbert Bowen, owner of the Midtown Hotel, who stated that it is an unfair tax and should not be imposed on visitors to the City in order to provide funds for the arts. Mrs. M. M. Buchanan, 10637 South Padre Island Drive, inquired as to why condominiums are not taxed, stating that she feels that they should be taxed in the same way as the hotels and motels. City Manager Townsend stated that if the condominiums are inside the City limits and the residents are renting by the day or by the week, then they also must pay the same tax. Speaking in support of passage of the ordinance was Mrs. Mary Woods, mem- ber of the Municipal Arts Commission. Mrs. Woods mentioned the fact that the State law stipulates that funds created by .the hotel -motel occupancy tax may be used for' many things and are not just for pictures and sculpture. She pointed out that the hotels and motels are not being taxed, but the visitors to the City are the ones who are being taxed. Mrs. Woods stated that she felt that a better symphony and _rtes Regular Council Meeting October 12, 1977 Page 15 ballet company would attract more tourists and urged passage of the ordinance to provide funds for the furtherance of many art forms. Also speaking in favor of passage of the ordinance was Mrs. Margaret Walberg, Project Chairman of the Municipal Arts Commission. Mrs. Walberg again stated the position of this Commission in regard to the tax and assured the Council that the Commission would carry out the Council's suggestions that they make recommendations in regard to use of the funds for certain projects. Mr. David Wilson, Architect, 4134 O'Day, stated that he is in support of the tax, whether it remains as it is or whether it is increased, and that some of the funds from the hotel -motel tax should be reserved to provide funds for sculpture and objects of art in public places. Mayor Luby called for comments from the audience on the other ordinances. Mr. Clifford Cosgrove, 3302 Olsen, addressed the Council in regard to Item 5 of the proposed bond program. He stated that many people in the City are upset about placing several projects under one category of "Public Buildings", indicat- ing that this is unfair to the voters because some of'them might like to vote for one portion and vote against another project listed; therefore, placing them on the ballot together would result in defeat of all of the projects. Prior to the vote on the ordinances, further discussion followed by the Council in regard to the ordinance increasing the hotel -motel tax. Council Member Lozano suggested that, if the Tourist Bureau could operate with the funds allocated to them, the excess generated by increased rates be allo- cated for the arts. He suggested that this tax increase be delayed until next year. Council Member Gill pointed out that the Auditorium and the Cooper's Alley project are already under construction, and if the tax increase is delayed, there will be no funds for art for these projects. Ms. Gill also reminded the Council that the contract with the Tourist Bureau has already been amended to state that 3/4's of the hotel -motel tax will be designated for support of that organization, and if the tax is not increased by 1%, they will be operating with less money. City Manager Townsend assured the Council that he has not executed the amended contract with the Corpus Christi Area Tourist Bureau and he would not do so until this matter of the proposed tax increase has been resolved. He also emphasized that no commitments have been made by the members of the City Council Minutes Regular Council Meeting October 12, 1977 Page 16 in regard to use of funds realized from an increase in the hotel -motel tax. Mayor Luby indicated his intention to veto the ordinance if it is passed. He stated that he felt that everybody will request funding from this tax increase, which will create problems. Council Member Diaz stated that in his opinion, several of the hotel owners were very persuasive in their arguments in opposition to the tax increase, parti- cularly the owners who expressed concern about the workers who stay in hotels. Mr. Diaz stated that he hoped the Council could find some way to fund the arts but that he planned to vote against the ordinance. Council Member Gulley urged passage of the ordinance and emphasized the fact that sculpture and other art forms are the things that make cities distinctive and that he was of the opinion that visual art would be very important to the citi- zens and would attract more visitors to the City. Mr. Gulley also pointed out that the City of Corpus Christi does not have wealthy citizens to donate art objects to this City as had been suggested. Council Member Sample stated that he felt that all of the Council Members are in favor of furtherance of the arts but questioned whether or not this is the way to obtain funds, pointing out that the total tax would be 7% if it is increased. Council Member Gill emphasized that the Council is considering the addition of only 1% at this time, and this represents only a small amount of money. She also suggested that visitors to the City might stay longer if they had the incentive to view and participate in various art forms. Ms. Gill also mentioned the fact that this City does not have wealthy patrons of the art. Council Member Lozano stated that it was his understanding that some of the larger cities have already approved of a tax increase as allowed by the State law, but he is proposing that the Council delay increasing the tax at this time. Mayor Pro Tem de Ases referred to the surplus of funds after the Tourist Bureau has been allocated funds and suggested that this be designated for art. City Manager Townsend stated that the funds generated by the present tax have been somewhat in excess of the estimate and there should be a surplus after the Tourist Bureau and the Jazz Festival have been funded. L—autes Regular Council Meeting October 12, 1977 Page 17 Mayor Pro Tem de Ases suggested that the Council commit the surplus funds collected by the present tax to the furtherance of the arts to see how the matter develops. Mayor Pro Tem de Ases moved that the third reading of the ordinance be tabled. Council Member Diaz pointed out that if the ordinance increasing the tax is tabled, the people who have been appearing before the Council for three weeks will be placed in the position of being forced to return to express their positions. Council Member Gill agreed that the Council should either pass the ordinance or not but objected to delaying it any longer. Ms. Gill again urged that the ordi- nance be approved. Mayor Luby called for the vote on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were passed: FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SAND AND SEA RESORT HOTEL FOR A FIVE-YEAR TERM FOR THE PURPOSE OF LEASING TO SAID HOTEL A POR- TION OF AUBREY STREET, BETWEEN NORTH SHORELINE DRIVE AND WATER STREET, FOR PARKING PURPOSES, ALL AS MORE FULLY SET FORTH IN THE SAID 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 first time and passed to its second read- ing by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO PROVIDE FOR SPEED LIMITS OF 45 MPH AT ALL TIMES ON LEXINGTON BOULEVARD FROM A POINT 425 FEET NORTH OF THE CENTERLINE OF HOPKINS TO A POINT 500 FEET SOUTH OF THE CENTER- LINE OF LEOPARD; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". SECOND 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 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 October 12, 1977 Page 18 SECOND 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 FOR A 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 second time and passed to its third read- . ing by the following vote: Luby, de Ases, Diaz, Gill,Gulley, Lozano and Sample voting "Aye". SECOND READING: AMENDING SUBSECTION 510 OF ORDINANCE NO. 8127, THE COMPENSATION AND CLASSIFICATION PLAN OF THE CITY OF CORPUS CHRISTI, BY RECLASSIFYING THE POSITION OF CHIEF ACCOUN- TANT; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third read- ing by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay". THIRD READING - ORDINANCE NO. 13972: 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - RESOLUTION NO. 13973: 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13974: 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13975: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAINTENANCE COMPANY, INC., FOR CONSTRUCTION OF CASA BLANCA, LA ARBOLEDA AND HIGH TERRACE AREA STREET IMPROVEMENTS, PHASE "A"; APPROPRIATING $335,000, OF WHICH $108,212.96 IS OUT OF THE NO. 220 STREET BOND FUND AND $226,787.04 IS OUT OF THE NO. 162 FEDERAL/STATE GRAATS FUND, ACTIVITY 4736, CODE 502, THIRD YEAR COMMUNITY DEVELOP- MENT BLOCK GRANT;''OF THE SAID APPROPRIATION $315,058.35 IS FOR THE CONSTRUCTION CONTRACT AND $19,941.65 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES; AUTHORIZING THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND IN THE AMOUNT OF $226,787.04, APPLICABLE TO PROJECT NO. 220-72-36; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting October 12, 1977 Page 19 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. 13976: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF CASA BLANCA, LA ARBOLEDA, AND HIGH TERRACE AREA STREET IMPROVEMENTS, PHASE "B"; APPROPRIATING $680,000, OF WHICH $225,594.02 IS OUT OF THE NO. 220 STREET BOND FUND AND $454,405.98 IS OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4736, CODE 502, THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT; OF THE AMOUNT HEREBY APPROPRIATED $641,321.94 IS FOR THE CONSTRUCTION CONTRACT AND $38,678.06 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES; AUTHORIZING THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND IN THE AMOUNT OF $454,405.98 APPLICABLE TO PROJECT NO. 220-72-36; 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. 13977: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: CASA BLANCA, LA ARBOLEDA, AND HIGH TERRACE STREET IMPROVEMENTS PHASE "A": (1) BOLIVAR STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; (2) PRESA STREET, FROM MAC ARTHUR STREET TO EISENHOWER; (3) SOLEDAD STREET, FROM MAC ARTHUR TO GREENWOOD DRIVE; (4) GUADALUPE STREET, FROM MAC ARTHUR TO EISENHOWER; (5) MAC ARTHUR STREET, FROM TARLTON TO BELTON STREET; AND (6) EISENHOWER STREET, FROM BOLIVAR TO BELTON. PHASE "S": (1) WAINWRIGHT STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; (2) MONTGOMERY STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; (3) DUNBAR STREET, FROM MAC ARTHUR STREET TO GREENWOOD DRIVE; (4) HALSEY STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; (5) NIMITZ STREET, FROM SOUTH PORT AVENUE TO EISENHOWER STREET; (6) MAC ARTHUR STREET, FROM TARLTON STREET TO NIMITZ STREET; (7) EISENHOWER STREET, FROM TARLTON STREET TO NIMITZ STREET; (8) GOLIAD STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; (9) SAN JACINTO STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; (10) SONORA STREET, FROM SOUTH PORT AVENUE TO GREENWOOD DRIVE; (11) AIAMO STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; AND (12) LAMAR STREET, GOLIAD STREET TO BALDWIN BOULEVARD; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; 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. 13978: FINDING THAT THE MEXICAN FIESTA CELEBRATION BY OUR LADY OF THE PILLAR CATHOLIC CHURCH, ON NOVEMBER 6, 1977, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 4200 BLOCK OF WEST THERESA AND THE 4200 BLOCK OF EAST THERESA, FROM BLOOMINGTON TO LOLITA STREET, TO VEHICULAR TRAFFIC FROM 9:00 A.M. TO 9:00 P.M., ON SUNDAY, NOVEMBER 6, 1977, FOR SAID FESTIVITIES SPONSORED BY OUR LADY OF THE PILLAR CATHOLIC CHURCH; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING AND PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING PAINTINGS OR MARKINGS ON STREETS AND TRAFFIC CONTROL DEVICES; REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; 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 October 12, 1977 Page 20 ORDINANCE NO. 13979: AMENDING THE MASTER SANITARY SEWER PLAN (1963) TO PROVIDE TREATMENT PLANT BOUNDARY CHANGES SUCH THAT AN APPROXIMATE 320 -ACRE TRACT OF LAND FRONTING ON THE SOUTH SIDE OF HOLLY ROAD AND BOUNDED BY WEBER ROAD AND KOSTORYZ ROAD WOULD BE INCLUDED IN THE OSO PLANT TREATMENT AREA IN LIEU OF THE WESTSIDE TREATMENT PLANT AREA; ALSO PROVIDING FOR AN 80 ACRE TRACT KNOWN AS "ALL SCHANEN ESTATES UNITS WEST OF WEBER ROAD" TO BE INCLUDED IN THE OSO PLANT TREATMENT BOUNDARY IN LIEU OF THE WESTSIDE TREATMENT PLANT BOUNDARY; 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. 13980: 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 JOHN L.H. MATTESON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 9. SECTION 49. FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE N0. 13981: 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 ESTATES OF MARY CECH TREFFLICH AND FRANK A. CECH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 6, BLOCK 42, BLUFF ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE 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 N0. 13982: 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 N0. 6106, AS AMENDED, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THROUGH 10 AND THE W. 26.55 FEET OF LOT 11, BLOCK 60, BLUFF ADDITION, FROM "B-5" PRIMARY BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT, AND ON LOTS 3, 4, 5 AND 6, BLOCK 10, JONES ADDITION, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, dc Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting October 12, 1977 Page 21 The following ordinance failed to pass on its third reading by the vote indicated: THIRD 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 third time and failed to pass by the fol- lowing vote: Gill and Gulley voting "Aye"; Luby, de Ases, Diaz and Lozano voting "Nay"; Sample, abstaining. * * * * * * Mayor Luby called for petitions and comments from the audience. Mr. Craddock again addressed the Council in regard to his drainage problem in Greenway Gardens Subdivision, Unit 1, and stated that he would like to impress upon the Council the fact that he had initially contacted the City in July about the problem; the City was prepared to accept the Greenway Gardens Subdivision, Unit 2, on Monday, October 10, without seeing that the problem was corrected; and questioned why the inspectors on the job did nothing to correct the infrac- tions that were evident when the dirt was moved and the drainage problem was created. City Manager Townsend stated that this is a long-standing problem that has occurred in other places as well, because the owner of a house has the right to move the dirt on his property around in any way that he desires, and the City can do nothing if an owner regrades his property. Mr. Townsend assured Mr. Craddock that his complaint. will be, investigated, and a full report will be available next week. City Manager Townsend called the Council's attention to an item that was on the Workshop Agenda for discussion in regard to additional special projects under CETA, and stated that this matter will be on next week's agenda for Council discussion. * * * * * * Motion by Diaz that the Regular Council Meeting be recessed at 5:48 p.m. for a closed session to discuss the evaluation of the performance of the City Manager and to go into Executive Session to discuss litigation; seconded by Sample, and passed unanimously. Minutes Regular Council Meeting October 12, 1977 Page 22 City Attorney Aycock cited the authority for the closed meeting as Article 6252-17, Section 2, of V.A.C.S. The Regular Council Meeting was reconvened at 7:04 p.m. There being no further business to come before the Council, on motion by Lozano, seconded by Sample, and passed unanimously, the meeting was adjourned at 7:04 p.m. October 12, 1977. Ruth Gill MOTION moved and Edward L. Sample seconded the motion that the ordinance calling an election to be held on the question of the issuance of improvement bonds, read on the firsttwo of three readings on September 29, 1977 and October 5, 1977, be and the same is hereby amended, prior to the third reading, as follows: 1. Add the words "for cultural enhancement" following the purpose clause in Proposition 5. 2. Insert the words "Arts and" between "Bayfront" and "Science" in Proposition 5, so that it will read, "Bayfront Arts and Science Park." 3. Renumber Proposition 6A on the issuance of $915,000 of Public Safety Bonds for expanding the Police Building, Fire Training Building and Animal Shelter to bear the designation of Proposition 6. 4. Renumber Proposition 6B to Proposition 7 and amend the proposition to read, "the issuance of public safety certificates of obli- gation in the sum of $950,000 for the purpose of purchasing ladder and pump fire trucks and life-support communication equipment." . 5. Renumber Proposition 7 for the issuance of Storm Sewer Bonds of $3,000,000 to Proposition 8. 6. Renumber Proposition 8 for the issuance of Street Improvement Bonds of $9,425,000 to Proposition 9. 7. That the ordinance with reference to the Propositions that will appear on the ballot be amended in accordance with the above changes. Motion carried. Dated October 12, 1977 . EXHIBIT "A"