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HomeMy WebLinkAboutMinutes City Council - 10/25/1978PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill * Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 25, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. The Reverend Phillip Schraub of the Chapel of Spiritual Light gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally consti- tuted meeting. Mayor Lozano announced the scheduled bid opening on the following engi- neering project: Construction of Sacky Drive from west of Bonham Drive to Kostoryz Road to provide better circulation for area residents from Ventura Plaza Subdivision to Kostoryz Road. Mr. James K. Lontos, Director of Engineering and Physical Development, conducted the bid opening and read the bids from the following construction companies: Asphalt Concrete Paving Company, King Construction Company and AP000, all of Corpus Christi. Mr. Lontos noted that the required bid security checks were submitted with the bids from all three companies. Mayor Lozano stated that the apparent low bidder was Asphalt Concrete Paving Company but that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. Mr. Lontos informed the Council that this project will involve assessments and the public hearing must be conducted on the assessments to be levied prior to award of contract on this project. * * * * * * * * * * * * Minutes Regular Council Meeting October 25, 1978 Page 2 Mayor Lozano announced the presentation by representatives of the Corpus Christi Ballet Theater concerning the Nutcracker Ballet. Mrs. Betty Roquemore, Co -Artistic Director of the Corpus Christi Ballet Theater, addressed the Council and informed them that the Theater is still in need of financial assistance from the City in order to present the Nutcracker Ballet. Mrs. Roquemore then introduced the President of the Board of the Ballet Theater, Mr. Bill Woodhouse. Mr. Woodhouse, 6405 Oakbrook, then read a prepared statement in which the organization requested funding in the amount of $5,000 in exchange for services to be provided the citizens of Corpus Christi consisting of a free performance of the Nutcracker Ballet on December 15, 1978 at the Bayfront Plaza Community Audi- torium to be attended by the elderly and handicapped; free performances at the Greenwood and Parkdale Libraries; and at several public elementary schools. Mr. Woodhouse informed the Council that the budget for the Ballet Theater is handled by the Board of Directors, which is composed of highly qualified representatives of various segments of the community. He stated that they had determined the monetary value of the free performances to be $.40 per performance hour per person. Mr. Woodhouse then presented to the Council copies of the proposed budget for the planned performance. Mrs. Roquemore continued her presentation by calling to the Council's attention the changes in the budget from their original proposal. She explained that the estimated deficit has been increased because the performance usually held in Victoria, Texas had not materialized; therefore, funds from this source would not be available. She informed the Council that donations and commitments totaling $5,210 had been received, including $2,600 for the special type floor that would be required for the performance in the Community Auditorium. Mrs. Roquemore con- tended that the free performances at the various schools will enable the ballet group to provide entertainment for approximately 10,000 children. She also stated that the tickets to be distributed will be carefully handled to be sure that the recipients intend to attend the performance and will have transportation to the event. * Council Member Joe Holt arrived at the Council Meeting during the foregoing presentation at 2:20 p.m. Minutes Regular Council Meeting October 25, 1978 Page 3 Mayor Pro Tem Gulley inquired of Mrs. Roquemore as to whether or not her group had appeared before the Municipal Arts Commission to present their request for funding. Mrs. Roquemore replied that the City staff, and in particular City Manager Townsend, had recommended that they present their request directly to the Council. City Manager R. Marvin Townsend questioned Mrs. Roquemore's implication, stating that the statement he had made was to the effect that the Municipal Arts Commission had not yet established guidelines for groups to be funded through the hotel -motel tax fund and that they were not in a position to recommend this fund- ing at this time. Mayor Pro Tem Gulley stated that he would like to have a recommendation from the Municipal Arts Commission in regard to the funding of the Nutcracker Ballet performance. Mrs. Roquemore stated that they had discussed the matter informally before the Commission, and Mrs. Phyllis Burson, Director of Community Enrichment, would be able to verify this. Mrs. Burson stated that the request of the Ballet Theater had never been formally placed on the agenda of the Municipal Arts Commission meeting, but the Commission had studied their proposal and indicated that their guidelines had been adhered to. She explained that because of the limited time element, the Commission had not made a recommendation in regard to the matter. Discussion followed among the Council, particularly in regard to the pos- sibility of funding the Nutcracker Ballet from the hotel -motel tax balance. City Manager Townsend informed the Council that the unappropriated balance in the hotel -motel tax fund was $155,168. Motion by Gill that the City purchase services from the Corpus Christi Ballet Theater for the production of the Nutcracker Ballet for $5,000, with the funds to be appropriated from the hotel -motel tax fund; seconded by Juarez; and passed by the following vote: Lozano, Diaz, Gill and Juarez voting "Aye"; Gulley, Holt and Sample voting "Nay." Council Member Holt indicated that he would like to make a statement in regard to this action. He stated that representatives of two ballet groups had Minutes Regular Council Meeting October 25, 1978 Page 4 recently approached him for assistance and he had offered to help them because he felt that such dance groups should be privately funded. Mr. Holt expressed concern that when the government becomes involved in the art of dance, it is possible that eventually, they may dictate who can perform, where performances will be held, and the type of dances that can be performed, and expressed the opinion that this would be a sad event. He summarized by stating that he feels that the art form of the dance should be privately funded to avoid such governmental control. Council Member Gill complimented Council Member Holt on his speech but pointed out that if funding of the ballet performance by the City might cause governmental control, then there is the possibility that funding of the televising of the recently conducted tennis matches might also provide an opportunity for the government to dictate the outcome of the tennis competition. Mayor Pro Tem Gulley pointed out that since the Council had voted to provide funding for the Corpus Christi Ballet Theater, other special interest groups will appear before the Council to request funding. Mayor Lozano stated that as long as funds are available to assist such groups, he felt that the City should help them. Mayor Lozano announced the appointments to Boards and Commissions. City Manager Townsend reviewed the nominations which were discussed during the Workshop Meeting. Motion by Sample that the following appointments be approved, seconded by Diaz, and passed unanimously: SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE TERM TO EXPIRE Mrs. Elizabeth Price 12-26-78 SISTER CITY COMMITTEE Mr. Ray C. Hostutler, Chairman for Yokosuka, Japan Sister City 5-17-81 Mr. H. J. Tijerina, Chairman for Tampico, Mexico Sister City 5-17-81 COASTAL BEND CONSORTIUM ADVISORY COUNCIL Mr. Johnny Bilano (Reappointment) 9-30-79 Mr. Darrell C. McGonagill (Reappointment) 9-30-79 Mrs. Betty Foster, Chairman (Reappointment) 9-30-79 Mr. Doug Williams (Reappointment) 9-30-79 CITIZENS ADVISORY HEALTH AND WELFARE BOARD Mr. Craig Watson 11-01-81 * * * * * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with explanations and recommended that: Minutes Regular Council Meeting October 25, 1978 Page 5 a. A public hearing be held at 3:30 during the Regular Council Meeting on November 15, 1978 on the following zoning applications: (1) Nueces National Bank: Exception to Standard Screening Fence Require- ment, located at the northeast corner of South Port Avenue and Francis Street. (2) Drill Collar Inspection Company, Inc.: Exception to the Standard Screening Fence Requirement, located on the south side of Leopard Street, approximately 200 feet east of Main Drive. (3) Brookdale Development Company: "R -1B" to "A-1", located approximately 350 feet south of Gaines Street and approximately 75 feet east of Eldon Drive. b. Bids be received at 11:00 A.M., Tuesday, November 14, 1978 for 1,000 gallons of 91% Cythion Insecticide (premium grade Mathalion) to be used for mosquito control activities by the Health and Welfare Department for vector control. c. The Doddridge Park repair contract be accepted and final payment of $6,962.24 be made to B & B Builders for a total of $40,204.11. Because of design errors in calculating volumes, additional fill ($3,522.00) and concrete ($1,176.75) were needed. One small barricade ($150) was also added. A supplemental appropriation of $4,848.75 is thus requested from the Park Bond Fund Bayfront Parks project. The Contractor exceeded the allotted contract working time by nine days, but, because the project was hampered somewhat by rain, a nine -day extension is recommended. City Manager Townsend presented to the Council photographs of the site in its present form following the repair. Council Member Gill noted the startling white fill material located on the site and inquired if this would be the permanent condition of the site. City Manager Townsend stated that he would have a member of the staff of the Engineering and Physical Development' Department come to the Council Chambers to explain. Mr. Gerald Smith, Chief Engineer, explained that the white area referred to by Mrs. Gill contained nylon bags that had been filled with grout to provide fill material. He stated that these bags will weather in time and also explained that some areas at the site had been seeded with grass by the Parks Department. Mr. Smith also pointed out that concrete riprap had been installed to prevent erosion at this location. d. The Greenwood Drive Incinerator Building Demolition be accepted and final payment of $20,594.59 for a total of $37,444.70 be made to the contractor, Southwest-Rathgeber Company. The project included removal of the incinerator building, scale house, underground storage tanks and other surface obstructions. Although the contractor exceeded the 25 -day limit by one day, no public inconvenience or costs were involved and thus a one day extension is recommended. Minutes Regular Council Meeting October 25, 1978 Page 6 e. The preliminary assessment roll for the Ella Barnes Unit II, Phase A and Phase B street improvements, including Phase "A" (1) Bruce Street from Hibiscus Street to Elgin Street; (2) Buford Street from Port Avenue to Highland Avenue; (3) Elgin Street from Buford Street to Morgan Street; (4) Hibiscus Street from Highland Avenue to Bruce Street; (5) Sabinas and Verbena Streets from Highland Avenue to Morgan Street; Phase "B" (1) Agarito Street from Elgin Street to Baldwin Boulevard; (2) Bright Street and Verbena Street from Reyna Street to Morgan Street; (3) Elgin and Sabinas Streets from Morgan Street to Baldwin Boulevard; (4) Reyna Street from Greenwood Drive to H.E.B. Shopping Center; be adopted and a public hearing on the assessments be held at 7:00 P.M., Wednesday, December 6, 1978 at Zavala Elementary School. The assessment roll has been prepared in accordance with current assessment policy, based on the low bid of Isles Construction Company of $618,322. f. The Department of Highways and Public Transportation Commission's minute order be approved to extend the limits of McArdle Road improvements three blocks west from Janet to Holmes and two blocks east from Vance to Crescent. The project was authorized in the 1972 Bond Election from Airline to Mt. Vernon Park and was the subject of an earlier minute order generally establishing the Janet to Vance limits (.9 miles). The new limits (1.2 miles) will extend west through Mt. Vernon and Lion Parks to existing curb and gutter and east past the existing shopping center. The original bond fund allocation ($300,000) and anticipated assessments are sufficient to meet the estimated project cost. City Manager Townsend located the proposed extensions of this project on the map and informed the Council that the extensions would require their approval of the Minute Order of the State Department of Highways and Public Transportation. He stated that funds for this project are available in various funds and assessments will be levied against the abutting property owners. Council Member Holt inquired about the projected completion date of the McArdle Road street improvement project. City Manager Townsend asked Mr. James K. Lontos, Director of Engineering and Physical Development, to explain the timetable on this entire project. Mr. Lontos informed the Council that the Engineering Department has received the plans for the slip lining of the sanitary sewer under McArdle Road; these plans must be approved by the Water Rights Commission which will require approximately 30 to 45 days; and after the plans are approved, bids will be received and a contract awarded for the slip lining. Mr. Lontos stated that the street improvement project Minutes Regular Council Meeting October 25, 1978 Page 7 is being reviewed with the owners of the shopping centers adjacent to McArdle Road, and they are attempting to include in the plans a left -turn lane for vehicles to enter the shopping centers. He stated that the staff hopes to award a contract for the street improvements next spring, explaining that the street improvement project can progress simultaneously with the slip -lining project. City Manager Townsend expressed the opinion that the street improvement contract could be underway by the fall of 1979 but requested that Mr. Lontos pre- pare the timetable so that the street will not be under construction just prior to the shopping period for the Christmas season of 1979. Mr. Townsend stated that the staff hopes to award a contract for the slip lining before the moratorium which commences 30 days prior to the election date of April 7, 1979. g. The 10' utility easement between Lots 10B and 10C, Block 2, Ferias Grant Subdivision, perpendicular to and east of Loma Alta Road about 1/4 mile south of Leopard Street, be abandoned at the request of the owner of both lots who plans to build a residence across the existing easement. All affected departments concur. h. The recommendation of the Traffic Safety Advisory Board that the City Code be amended'to delete specific reference to designation of streets as one-way during school days between certain hours, be approved. The change will allow the Director of Traffic and Transit to determine the appropriate hours which will be compatible with the schedule of nearby schools, after the one-way designation has been approved by the City Council. City Manager Townsend explained that school schedules vary, and approval of this item will allow the Director of Traffic and Transit to determine the , hours that various street controls in school zones will be in effect. i. The sponsorship agreement with Nueces County regarding Mental Health and Mental Retardation be amended to provide for the County to carry out all supervisory responsibilities, including appointments of board members and the public responsibility committee, through July 31, 1979. This contract amendment will stipulate that the City will provide $40,000 and the County $80,000 during 1978-79 and that a joint meeting will be held before July, 1979 to discuss the sponsorship agreement and financial support of the MH -MR community center for 1979-80. This contract will carry out the understandings tentatively approved at the joint meeting between the County Commissioners and the City Council on September 27, 1978. In reference to the foregoing item, City Manager Townsend explained that this was the agreement that had been reached during the recent joint meeting con- ducted by the Council and members of the Nueces County Commissioners Court. Council Member Diaz pointed out the importance of the joint meeting sche- duled for July, 1979, at which time the Council could determine whether or not any changes to the contract should be made. Minutes Regular Council Meeting October 25, 1978 Page 8 Council Member Gill indicated concern that the City will provide funds in the amount of $40,000 but will basically have no control over the programs for the next year. City Manager Townsend assured Mrs. Gill that they will be able to review the programs and the budget for MH -MR in July, 1979 and recommend changes if necessary. j• Recommendation that change order No. 4 to the City Hall Annex improvements be approved for reroofing the upper flat level and sloped portions of the building for $9,979. As interior renovation work has proceeded, several new leaks have developed or still exist. Further evaluation of the roof indicates that only a complete reroofing will solve the problem and avoid frequent interior damage. Occupancy should begin within a month. Money will be provided by deferring some city hall painting and other maintenance ($5,000), reducing city hall annex utility costs ($2,000) due to delays in move -in, and from anticipated City Hall Annex maintenance ($3,000). k. Laventhol and Horwath, certified public accountants, be employed ($6,000) to update the 1974 "Visitor Housing Study" to provide a current analysis of the lodging market, probable growth rate for lodging facilities, and the number of rooms and room rates which should be able to be supported by the local lodging market over the next five years. Since current information is important to firms considering hotel construction or expansion, it is recommended that the cost be financed from the Tourist and Convention Fund reserve (Hotel -Motel tax). City Manager Townsend expressed the opinion that this is an ideal use of the hotel -motel tax fund and pointed out that an updated study on visitor housing will be a useful tool to attract additional hotel construction to accommodate visitors to the City who will be attending conventions at the new Bayfront Plaza complex. 1. The rental charges for the Bayfront Plaza Auditorium be amended to classify performances of the Corpus Christi Ballet Theatre in Class IV, which presently applies only to the Corpus Christi Symphony. Class IV charges are 12% of gross receipts in excess of $5,000 with a maximum fee of $1,000 and a minimum fee of $300. This includes one stage rehearsal and up to six other rehearsals in the Rehearsal Hall. The Ballet and the Symphony are local non-profit performing arts organizations. m. The contract with the Corpus Christi Symphony for $12,000 as local match for an outreach program funded by a grant from the National Endowment of the Arts be renewed for 1978-79. The Symphony will provide: (1) Three free public concerts, the Messiah in December and chamber orchestra concerts at the Art Museum of South Texas (November) and Corpus Christi State University Fine Arts Auditorium (April). (2) Small ensemble groups at recreation and other community centers. (3) Six concerts at Junior High Schools. n. That an application be submitted for designated federal surplus property' from the General Services Administration through the Heritage Conservation and Recreation Service for 126.97 acres of land (Rodd Field NASA) for the purpose of developing a public open space and recreation area. Minutes Regular Council Meeting October 25, 1978 Page 9 There were no comments from the Council or members of the audience on the City Manager's Reports. Motion by Sample that the City Manager's recommendations, Items "a" thru "n," be approved; seconded by Juarez; and passed by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye" on all of the items; Gulley voting "Aye" on all of the items with the exception of Item "m", on which he voted "No." * * * * * * * * * * * * Mayor Lozano called for the City Secretary's Report on the Charter Amend- ment petition. City Secretary Read informed the Council that his office has completed the verification of the signatures on the petitions presented by Mr. Harry Hoag calling for a Charter Amendment Election in regard to ad valorem taxes and has ascertained that the petitions contain enough signatures to meet the requirements of Article 1170 of V.A.C.S. He referred to his memorandum which was presented to the Council during the Workshop Meeting in regard to the method of verification of the petitions. Mayor Lozano explained that this matter had been discussed during the Workshop Meeting, and further consideration will be given in regard to the possi- bility of calling an election during a workshop meeting scheduled for November 9. The Council complimented City Secretary Read on the thorough manner in which he had researched the petitions and the laws pertaining to the calling of an election. It was the consensus of the Council to accept the petitions from the City Secretary and approve his report. * * * * * * * * * * * * Mayor Lozano announced the following tabled matters, which were considered in the following order: b. Southwestern Refining Company, Inc., for a change from "R-2" and "R -1B" to "B-1" on Lots 214 thru 226, Baymoor Addition, located on the north side of Ebony Street extending east and west of Baymoor Boulevard. A public hearing was held on this application on September 27, 1978. The application was tabled until a full Council could be present because the 20% rule was in effect. The Planning Commission recommends denial of "B-1", but in lieu thereof, a special permit be granted for a parking lot subject to the applicant's placing a guard on duty during the peak usage hours when shifts are changing. Motion by Gulley that this matter be removed from the table, seconded by Holt, and passed unanimously. Minutes Regular Council Meeting October 25, 1978 Page 10 City Manager Townsend reminded the Council that this zoning application had been tabled until an acceptable site plan was presented and until a full Council was present, since the 20% rule is in effect. Motion by Holt that the Council concur with the recommendation of the Planning Commission and that "B-1" zoning be denied, but in lieu thereof, a special permit be granted for a parking lot subject to the applicant's placing a guard on duty during the peak usage hours when shifts at the refining company are changing; seconded by Gulley; and passed unanimously. * * * * * * * * * * * * c. Mr. J. C. Byles and Mr. Floyd H. Jaeger, for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 16 and the west 10 feet of Lot 15, east 60 feet of Lot 15 and west 10 feet of Lot 14, east 60 feet of Lot 13, Lot 12 and west 10 feet of Lot 11; Block 2; Koolside Addition on the north side of McArdle Road, approximately 120 feet east of Lum Avenue. A hearing was held on October 18, 1978 and the request tabled until all members of the Council could be present. Motion by Gulley that this matter be removed from the table, seconded by Holt, and passed unanimously. City Manager Townsend reviewed this zoning case for the Council, stating that several lots were involved and the Planning Commission recommended that the "B-1" zoning be denied, but in lieu thereof, that "AB" zoning be approved only on the west 10 feet of Lot 11 and the east 60 feet of Lot 12. Council Member Holt informed the other Council Members that he felt that "AB" zoning should be approved for all of the lots included in the request. He stated that he had personally examined the area and discovered that "AB" zoning is in existence all along McArdle Road and on Airline Road in this same vicinity, and this "AB" zoning frequently is across from residences; therefore, it does not seem logical to limit the "AB" zoning on this request to two particular lots. Mr. Holt expressed the opinion that the value of all of the property in this area would be increased if all of the property is zoned "AB" and pointed out that only one property owner in the affected area objected to this change of zoning. City Manager Townsend explained to the Council that the 20% rule is not in effect, but five votes of the Council would be required to grant "AB" zoning on more of the lots than was recommended by the lanning Commission. Minutes Regular Council Meeting October 25, 1978 Page 11 Motion by Holt that the change of zoning on Application No. 978-5, Mr. J. C. Byles and Mr. Floyd H. Jaeger, to "B-1" be denied, but in lieu thereof, that "AB" zoning on all of the lots included in the request be approved; seconded by Sample; and passed unanimously. * * * * * * * * * * * * a. Closing of Shely Street from Fig Street to Churchill Drive. A public hearing was held on March 1, 1978, continued on March 15 and March 22, 1978, and concluded on June 28, 1978. The closing was proposed to facilitate expansion of the H. E. Butt Tennis Center and decrease non -local traffic passing through the adjacent subdivision. Nearby property owners and residents in the adjacent subdivision protested the proposed closing. At the workshop meeting on October 4th, an alternative plan for expansion of the tennis center and relocation of the road was tentatively approved. It is recommended that the proposed closing be denied and the staff be instructed to proceed with preparation of plans and specifications for the tennis center expansion, including relocation of Shely Street, with the cost of that relocation being financed from the street bond fund. Motion by Holt that this matter be removed from the table, seconded by Juarez, and passed unanimously. Mr. Lontos displayed the revised plans for the expansion of the H.E.B. Tennis Center which designate the relocation of Shely Street through the park. Motion by Gulley that the closing of Shely Street from Fig Street to Churchill Drive be denied and that the staff complete the redesigning of the tennis court expansion; seconded by Holt; and passed unanimously. City Manager Townsend explained that the plans will be prepared by the staff in Engineering and Physical Development with the exception of the lighting. He also stated that the staff will attempt to complete the plans so that bids may be awarded prior to the moratorium so that completion of the expansion can be effected prior to December, 1979. * * * * * * * * * * * * Mayor Lozano announced the public hearings on three zoning applications. City Manager Townsend announced the public hearing on Application No. 878-7, Mr. Bill R. Murray, Jr., for a change of zoning from "B-4" General Business District on Lot 1 and "R -1B" One -family Dwelling District on Lot 4, located on the north side of Padre Island Drive approximately 175 feet east of Hamlett Drive, to "I-2" Light Industrial District. Minutes Regular Council Meeting October 25, 1978 Page 12 City Manager Townsend informed the Council that the Planning Commission recommends denial of "I-2" but in lieu thereof that "B-4" be approved on Lot 4 and that a special permit be approved on both lots for the operation of an auto paint and body shop, and the Planning Staff recommends denial of "I-2" and in lieu thereof, that "B-4" be approved on Lot 4 to conform with the present zoning on Lot 1. Mr. Townsend also stated that there were no responses to the notices of the public hearing. He presented a copy of the site plan prepared in accordance with the requirements of the recommended special permit. City Manager Townsend noted that Mrs. Rosa Gonzales, representative of the Planning Commission, was present if the Council had any questions in regard to the zoning cases. Chief Planner Larry Wenger located the subject tract on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. No one spoke in regard to this application. Motion by Holt that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Holt that the requested zoning of "1-2" be denied, but in lieu thereof that "B-4" zoning be approved on Lot 4 and a special permit according to the site plan submitted be approved for both lots, as recommended by the Planning Commission; seconded by Gulley; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 978-7, Mr. Johnny Wilson, et al, for a change in zoning from "F -R" Farm -Rural District to "I-3" Heavy Industrial District, located on the south side of S.H. #44 east of the Naval Air Station railroad, being portions of Lots 16, 20, 24 and 28 of the Johnny Wilson farm lots. Mr. Townsend stated that the Planning Commission recommends approval, and the Planning Staff recommends denial of "I-3" but in lieu thereof, "I-2" be granted on the basis that a line has been established for "I-3" along the north side of the railroad and S.H. #44 with "I-2" to the south, and that since this is one of the gateways to the City, very heavy industrial uses are permitted in "I-3", some of Minu,es Regular Council Meeting October 25, 1978 Page 13 which might be objectionable in this area which leads into the City. City Manager Townsend informed the Council that in response to the notices of the public hearing, two in favor and none in opposition had been returned. Chief Planner Wenger located the tract on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and noted that this tract is adjacent to the Wuensche Grain Elevator, and the owners plan to sell their property for "I-3" use. Mr. Wenger advised the Council that the owners do not want to accept any zoning other than "I-3." Speaking in regard to this application was Mrs. Rosa Gonzales, who stated that the Planning Commission had considered this application to be a hardship case but were also concerned about this tract being located near the entrance to the City. Mayor Lozano called on the applicant to address the Council. Mr. David Coover, Jr., Attorney representing the applicants, spoke at this time and stated that the Wilson family has decided to sell the tract to a firm that plans the installation of a ready -mix plant. Mr. Coover pointed out the prevalence of "I-3" uses in the vicinity of this tract and contended that the Wuensche Grain Elevator should be required to be located in "I-3" zoning. He expressed the opinion that since there are so many "I-2" uses in this area, some "I-3" uses would be supportive of these "I-2" uses. Council Member Gill suggested that since this tract is located on one of the main arteries into the City, that the owners plan to set the proposed plant back from the highway and landscape the portion of the tract near the highway. Mr. Coover stated that he did not feel that he was in a position to speak for the prospective purchaser in this regard, but indicated that he felt that the people planning to purchase the tract would be interested in creating a pleasant atmosphere on this tract. No one else spoke in regard to this application. Motion by Gulley that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Gulley that the request be granted and the zoning of "I-3" be approved for Application No. 978-7, as recommended by the Planning Commission; Minutes Regular Council Meeting October 25, 1978 Page 14 seconded by Holt; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 978-8, Mr. and Mrs. Hilario Puente, Sr., for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, located on the west side of Angela Drive approximately 100 feet north of Bloomington Street, being Lot 15, Block 3, Molina Subdivision #1. Mr. Townsend noted that the Planning Commission recommends denial, but in lieu thereof, "R-2" zoning be approved, and the Planning Staff recommends denial on the basis that this area has been improved and upgraded through the Code Enforcement Program and housing rehabilitation through the Community Development Program and that this property fronts on a narrow residential street. Mr. Townsend stated that in response to the notices of the public hearing, two in favor and one in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, and showed slides of the area. Mayor Lozano invited the applicant to address the Council. Mrs. Hilario Puente, Sr. stated that she and her husband planned to install a building on this lot and rent a total of eight units. She assured the Council that the building would be well constructed and well kept. Mrs. Puente indicated that the zoning of "R-2" would be acceptable for their use. Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Diaz that the request for "A-1" zoning be denied, but in lieu thereof, that "R-2" zoning be approved for Application No. 978-8; seconded by Holt; and passed unanimously. * * * * * * * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances, and Mayor Lozano called for questions or comments from the Council. Council Member Gill referred to the ordinances dealing with the street improvements referred to as the Ella Barnes, Unit II project and inquired if the M1n�.es Regular Council Meeting October 25, 1978 Page 15 property taxes of property owners whose streets are improved in this manner are increased because of the enhancement of their property. City Manager Townsend replied that the market values of similar houses in the same area are the catalyst that determines the valuation of property, and the fact that the streets, sidewalks and gutters have been improved should have nothing to do with revaluation of property. He stated that the staff will attempt to inves- tigate this possibility to see if revaluation of property does take into consider- ation the fact that the streets in a certain area have been improved. In regard to the ordinance authorizing the update of the Visitor Housing Study, Council Member Diaz inquired if the staff is aware of any new hotel con- struction that is planned for the City. City Manager Townsend stated that some interest has been expressed, but the only thing the City can do is to provide information for these concerns and assist in the location and development of sites. Mayor Lozano then called for comments from the audience on the ordinances. Mr. William H. Wilson, 322 Meldo Park, referred to the ordinance authoriz- ing application for surplus property from the General Services Administration located at Rodd Field. Mr. Wilson commented on the fact that the staff had men- tioned the possibility that a baseball field will be located on this property and other open -space type activities. He then informed the Council that many citizens are interested in horseback riding and suggested that facilities for this purpose be included in the plans for this location. Mr. Wilson reminded the Council that Rodd Field is fenced on two sides, and indicated that this would make an ideal arrangement for horseback riding. Mayor Pro Tem Gulley and Council Member Gill agreed that a horseback riding area would be a feasible plan for this area. City Manager Townsend also agreed that since the City's application indi- cates that the land will be used for park and recreation uses, a horseback riding area would be in compliance with the use designated. There were no further comments on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: Minutes Regular Council Meeting October 25, 1978 Page 16 SECOND READING: REPEALING ORDINANCE NO. 13424, PASSED SEPTEMBER 29, 1976; GRANTING BLUEBONNET TRANS- PORTATION COMPANY A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABI- LITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." SECOND READING: GRANTING CORPUS CHRISTI TRANSPORTATION COMPANY A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRIT- ING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill Holt, Juarez and Sample voting "Aye." SECOND READING: GRANTING RED TOP CAB CO., A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." SECOND READING: GRANTING LONNIE KING, D/B/A KING CAB COMPANY, INC., A FRANCHIS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Minutes Regular Council Meeting October 25, 1978 Page 17 SECOND READING: GRANTING JOE E. MANUEL, D/B/A STAR CAB COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPT- ANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-257, SCHEDULE VIII, PARKING METER ZONES, BY ADDING A NEW SUBSECTION, SUBSECTION (e) METER ZONE NO. 5, TO PROVIDE FOR PARKING LIMITED TO FIFTEEN MINUTES UPON THE DEPOSIT OF ONE FIVE -CENT COIN AND LIMITED TO THIRTY MINUTES UPON THE DEPOSIT OF TWO FIVE -CENT COINS BETWEEN THE HOURS OF 8:00 A.M. AND 6:00 P.M. ON ANY DAY EXCEPT SATURDAY AFTERNOON, SUNDAY AND HOLIDAYS OFFICIALLY SET BY THE CITY COUNCIL ON THE HEREINAFTER DESIGNATED STREETS; AMENDING SUBSECTION (a) METER ZONE NO. 1, ITEM (8), LOWER BROADWAY, AS MORE FULLY SET FORTH HEREINAFTER; AMENDING SUBSECTION (b) METER ZONE NO. 2, ITEM (8), UPPER BROADWAY, AS MORE FULLY SET FORTH HEREINAFTER; AND AMENDING SUBSECTION (d) METER ZONE NO. 4, BY DELETING ITEM (5), SOUTH ONE-HALF OF THE BLOCK, ANTELOPE STREET TO BUFFALO STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON NUECES BAY BOULEVARD, WEST SIDE, FROM A POINT 190 FEET SOUTH OF THE CENTERLINE OF SUMMERS STREET TO WEST BROADWAY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE MONTHLY USE PRIVILEGE AGREEMENTS WITH PERSONS DESIRING TO BERTH WATERCRAFT WITHIN THE CITY MARINA, ALL AS MORE FULLY SET FORTH IN THE MARINA SPACE RENTAL CONTRACT AND MARINA SPACE SUBLEASE AGREEMENT FORMS, A SUBSTANTIAL COPY OF EACH IS ATTACHED HERETO, MADE A PART HEREOF, AND MARKED EXHIBITS "A" AND "B". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Minutes Regular Council Meeting October 25, 1978 Page 18 ORDINANCE NO. 14569: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: ELLA BARNES UNIT II Phase "A" (1) Bruce Street from Hibiscus Street to Elgin Street; (2) Buford Street from Port Avenue to Highland Avenue; (3) Elgin Street from Buford Street to Morgan Street; (4) Hibiscus Street from Highland Avenue to Bruce Street; (5) Sabinas and Verbena Streets from Highland Avenue to Morgan Street. Phase "B" (1) Agarito Street from Elgin Street to Baldwin Boulevard; (2) Bright Street and Verbena Street from Reyna Street to Morgan Street; (3) Elgin and Sabinas Streets from Morgan Street to Baldwin Boulevard; (4) Reyna Street from Greenwood Drive to H. E. B. Shopping Center. REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUTNY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14570: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVE- MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: ELLA BARNES UNIT II Phase "A" (1) Bruce Street from Hibiscus Street to Elgin Street; (2) Buford Street from Port Avenue to Highland Avenue; (3) Elgin Street from Buford Street to Morgan Street; (4) Hibiscus Street from Highland Avenue to Bruce Street; (5) Sabinas and Verbena Streets from Highland Avenue to Morgan Street. Phase "B" (1) Agarito Street from Elgin Street to Baldwin Boulevard; (2) Bright Street and Verbena Street from Reyna Street to Morgan Street; (3) Elgin and Sabinas Streets from Morgan Street to Baldwin Boulevard; (4) Reyna Street from Greenwood Drive to H.E.B. Shopping Center. DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD DECEMBER 6, 1978, IN THE AUDITORIUM OF ZAVALA ELEMENTARY SCHOOL, 3102 HIGHLAND AVENUE, at 7:00 P.M., IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Minutes Regular Council Meeting October 25, 1978 Page 19 ORDINANCE NO. 14571: CLOSING THE PORTIONS OF JOHANNA STREET LOCATED GENERALLY BETWEEN KOSTORYZ ROAD AND RICHTER STREET AND ADJACENT TO THE PROPOSED VENTURE PLAZA UNIT 5 SUBDIVISION, ALL AS MORE FULLY DESCRIBED HEREINAFTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley,Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14572: CLOSING AND ABANDONING THE LO -FOOT UTILITY EASEMENT LOCATED BETWEEN LOTS 10B AND 10C, BLOCK 2, FARIAS GRANT SUBDIVISION, RECORDED IN VOLUME 44, PAGE 12, MAP RECORDS OF NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley Diaz, Gill, Holt, Juarez and Sample voting "Aye." RESOLUTION NO. 14573: ADOPTING MINUTE ORDER NO. 74904, DATED SEPTEMBER 21, 1978, PERTAINING TO THE JOINT CONSTRUCTION OF McARDLE ROAD FROM HOLMES DRIVE TO CRESCENT DRIVE BY THE CITY OF CORPUS CHRISTI AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHICH ROADWAY IS TO BE DESIGNATED A PART OF THE URBAN SYSTEMS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14574: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE CONTRACT WITH B & B BUILDERS FOR IMPROVEMENTS TO DODDRIDGE PARK, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $4,848.75 FOR THE AFORESAID CHANGE ORDER OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-72-6.2, DODDRIDGE PARK IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14575: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH THE COUNTY OF NUECES FOR SPONSORSHIP OF THE NUECES COUNTY MENTAL HEALTH -MENTAL RETARDATION PROGRAM, IN SUBSTANTIALLY THE FORM ATTACHED HERETO MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14576: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED BY ORDINANCE NO. 14378, ADOPTED JULY 12, 1978, BY AMENDING SECTION 36-84 BY ADDING THE CORPUS CHRISTI BALLET THEATRE AS A CLASS IV RENTAL CHARGE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Minutes Regular Council Meeting October 25, 1978 Page 20 ORDINANCE NO. 14577: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI SYMPHONY BY THE TERMS OF WHICH THE CITY OF CORPUS CHRISTI WILL PAY $12,000 AS LOCAL MATCHING FUNDS FOR AN OUTREACH PROGRAM FUNDED BY A GRANT FROM THE NATIONAL ENDOWMENT OF THE ARTS AS PROVIDED FOR IN THE 1978-79 BUDGET AND ACCORDING TO THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley,"Nay". ORDINANCE NO. 14578: AUTHORIZING APPLICATION FOR DESIGNATED FEDERAL SURPLUS PROPERTY FROM THE GENERAL SERVICES ADMINISTRATION THROUGH THE HERITAGE CONSERVATION AND RECREATION SERVICE FOR 126.97 ACRES OF LAND DESCRIBED AS CORPUS CHRISTI TRACKING STATION, RODD FIELD, GSA CONTROL NUMBER 8000-19435 LOCATED IN THE COUNTY OF NUECES, STATE OF TEXAS; CERTIFYING THE ELIGIBILITY OF THE CITY OF CORPUS CHRISTI TO RECEIVE FEDERAL SURPLUS LAND; DESIGNATING THE CITY MANAGER AS RESPONSIBLE OFFICER FOR THE PROJECT AND AUTHORIZING HIM TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN THE SURPLUS LAND AND AUTHORIZING THE CITY MANAGER TO PAY THE ADMINISTRATIVE EXPENSES INCIDENT TO THE TRANSFER, AND DESIGNATING THE FINANCE DIRECTOR AS FISCAL OFFICER FOR THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14579: AUTHORIZING THE CITY MANAGER TO ENGAGE THE CERTIFIED PUBLIC ACCOUNTANT FIRM OF LAVENTHOL AND HORWATH TO PROVIDE AN UPDATE OF THE 1974 "VISITOR HOUSING STUDY" TO PROVIDE A CURRENT ANALYSIS OF THE LODGING MARKET, AS MORE FULLY SET FORTH IN THE PROPOSAL LETTER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENYC. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14580: 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 SOUTHWESTERN REFINING COMPANY, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT, ON LOTS 214 THROUGH 226, BAYMOOR ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE PLAT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." * * * * * * * * * * * * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. There was no response. Minutes Regular Council Meeting October 25, 1978 Page 21 City Manager Townsend advised the Council that the owner of the Viking Drive -In Theater has applied for a change of zoning from "R-113" to "I-2" and the public hearing on their request will be conducted by the Planning Commission on October 31, 1978. Mr. Townsend presented the Council with copies of the bond prospectus for the upcoming bond sale which will be mailed within the next week. He noted that reference is made to the petition that has been received by the City requesting a Charter Amendment election in the prospectus. Council Member Diaz requested that the staff provide a report on the pos- sible effects of a Charter amendment as it pertains to ad valorem taxes, as well as a chart, for the Workshop Meeting pertaining to this matter which will be con- ducted on November 9, 1978, at 5:30 p.m. There being no further business to come before the Council, on motion by Holt, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 4:50 p.m., October 25, 1978. DZ