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HomeMy WebLinkAboutMinutes City Council - 08/24/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 24, 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 while Mayor Jason Luby was conducting official City business in his office. The invocation was presented by Dr. 0. Jack Chastain of Morgan Avenue Baptist Church. City Secretary 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 stated that Mayor Luby had presented the following proclamations prior to the meeting: WOMEN'S WEEK - August 22 thru 26, 1977, and Y -INDIAN GUIDE WEEK - August 29 thru September 4, 1977. a e Mayor Pro Tem de Ases announced appointments to boards and committees. City Manager Townsend reminded the Council that there is a need to make appoint- ments to the Nueces County Community Action Agency. Motion by Sample that Dr. Antonio Perez be reaffirmed as Representative for Council Member Gabe Lozano, Sr., on the Nueces County Community Action Agency Board, and that Mrs. Mae Brown be appointed to serve as Representative of Mayor Pro Tem Eduardo E. de Ases for one week in the absence}of Mr. Ernest Briones to the same Board; seconded by Diaz, and passed unanimously. Mayor Pro Tem de Ases announced the public hearing on amendments to the Sanitary Sewer and Drainage Master Plans. City Manager Townsend stated that the amendments on both of these plans are in the area of Everhart Road and Saratoga Boulevard, and the amendments would not affect anyone except the two applicants. Mr. Townsend stated that one of the property owners had requested that the hearing be recessed until next week in order for the owners to have some of their associates present to provide technical MICROFILMED. 'SEP 0 31980 Minutes Regular Council Meeting August 24, 1977 Page 2 information relative to the amendments. Mayor Pro Tem de Ases inquired if anyone in the audience wished to speak in regard to these proposed amendments, other than those who had requested the changes. There was no response. City Manager Townsend stated that Mr. Guy Alexander, speaking for himself, had requested that the hearing be recessed. Mayor Pro Tem de Ases asked if the other applicant had any objection to recessing the hearing on both matters. Mr. Eugene Urban, Urban Engineering, representing the other applicant, stated that he had no objection to this. Motion by Lozano that the public hearing to consider amendments to the Sanitary Sewer and Drainage Master Plans be recessed until Wednesday, August 31, 1977; seconded by Sample, and passed unanimously. * * * * * * Mayor Pro Tem de Ases called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and discussion: a. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on September 14, 1977 on the following zoning applications: (1) Loyal Order of Moose Lodge #734: "R -1B" to "B-4", located on the south side of S. Padre Island Drive, approximately 300' west of Paul Jones Avenue. (2) Mr. Richard L. Garza: "R -1B" to "B-1", located on the south side of Baldwin Boulevard, approximately 150' east of South Port Avenue. (3) Mr. Ralph L. Cook & Mr. Joe Adame: "R -1B" to "AB", located along the northwest right-of-way of U.S. Highway #77 on the east side of Calallen Drive at the intersection with Teague Lane. (4) Mr. Roland Garcia: Tract A: "B-4" to "I-2"; Tract B: "A-1" to "I-2", located on the east -side of Navigation Boulevard between Highway #44 and Old Brownsville Road. b. Recommendation that bids be received at 11:00 a.m., Tuesday, September 13, 1977 on 18 rolls of reflective sheeting, 888 packages of cut-out letters and numbers, paint and application accessories for use by the Traffic and Transit Department for signs and markings. c. Recommendation that bid award for 2,000 - 90 lb. bags of portland cement be made to KAFFIE LUMBER DIVISION -DRESSER INDUSTRIES, INC., Corpus Christi, on the basis of low bid of $5,233.20. Price reflects an increase of 4.66%. Bids were received from 3 firms. ces Regular Council Meeting August 24, 1977 Page 3 d. Recommendation for bid award for warehouse supply items be made to the following firms: Alamo Iron Works', Corpus Christi Lot I - (18 Items) Wire, Chalk Lines & Refills, Funnels $ 976.99 Small Water Hose Fittings, Caulk Guns, Shellac & Lumber Crayon Lot III - (17 Items) Nails, Fence Staples & Canvas Tacks 999.66 Motor Parts Co., Corpus Christi Lot II - (25 Items) Misc. Service Station Accessories 3,183.78 Hollis Neese Auto Parts, Corpus Christi Lot IV - (4 Items) Solder & Solder Paste 163.32 Corpus Christi Gasket & Packing, Corpus Christi Lot V - (13 Items) Packing - Jute, Graphite & Rubber 2,592.76 Sheet Packing Books Norvell Wilder Supply Co., Corpus Christi Lot VI - (3 Items) Water Coolers 1,626.17 Lot VII - (18 Items) Grinding Discs & Wheels, Sandpaper 1,835.15 & Disc, Wire Brush & Wire Brush Wheels Lot VIII - (3 Items) Garden & Sprinkler Hose 941.04 Moreman Flasher Rental, Inc., Flasco Div., Portland, TX. Lot IX - (2 Items) Traffic Cones 2,535.00 Vallen Corporation, Corpus Christi Lot X - (5 Items) Safety Hats & Caps, Liners & 460.20 Safety Vests Southwest Gloves, Inc., Fort Worth, TX. Lot XI - (2 Items) Neoprene Coated Gloves 430.42 Corpus Fire & Safety, Inc., Corpus Christi Lot XII - (8 Items) Raincoats & Stormsuits 8,448.16 Lot XIV - (8 Sts.) 21" x 50' Fire Hose 724.80 Grand Total: $24,917.45 The apparent low bid of $2,507.40 by Corpus Fire and Safety, Inc., on Lot IX is not recommended because it is subject to fluctuation and is only 1.1% less than the firm bid of Mureman Flasher Rental, Inc. The apparent low bide submitted by Moreman Flasher of $434.20 on Lbt X; Alamo Iron Works, Welders Equipment Company, Inc., and Corpus Fire and Safety, Inc., of $280.12, $369.90 and $403.20, respectively, on Lot XI, and Southwest Glove, Inc., and Alamo Iron Works of $7,721.47 and $7,958.19, respectively, on Lot XII did not meet various specifications. Bids were received from 19 firms. Price comparison shows an increase of :..41% e. Recommendation that a contract be awarded to SOSA PAVING COMPANY, Alice, Texas, to repair and surface the roadway at Wesley Seale Dam between the outlet tower and the county road for $2,499. This proposal was solicited by the Purchasing Division after no bids were received on two previous occasions. f. Recommendation that $688.38 be appropriated for payment of legal advertis- ing costs ($268.38)and appraisal services ($420) for the assessment hearing on the Kostoryz Road;Improvements, Padre Island Drive to Holly Road. The project is being jointly constructed by the Federal government, State and City under the Urban Systems Program. Recommendation that parking be prohibited at all times on the south side of Ayers Street from 2nd Street to Santa Fe, and on the north side of Ayers from 3rd Street to Santa Fe. -A review of traffic ordinances indicates that no ordinance prohibiting parking on this portion of Ayers has been passed, even though no parking signs have been erected for some time. No parking is needed to facilitate traffic movement through the Ayers and Santa Fe and Ayers and Third Street intersections. g• Minutes Regular Council Meeting August 24, 1977 Page 4 h, Recommendation that a resolution be passed in support of Braniff Airways, Inc. application before the Civil Aeronautics Board requesting authority to transport passengers, cargo and mail between Dallas/Fort Worth and London, Paris, Frankfurt and other points in Europe and Saudi Arabia. Approval of the request would provide single carrier service between Dallas and these foreign destination points. Both the Chamber of Commerce Avia- tion Committee and the Airport Advisory Board support this resolution. i• Recommendation that three farm leases on land at International Airport now being leased by Mr. Pat McDonough, Jr. (367 acres), Mr. W. A. Whitmire (339 acres) and Mr. John H. Kelly (135 acres) be extended through August 15, 1982. The leases provide that the City receives one-third of the gross revenue from the grain crops and one-fourth from cotton. Specifications will be submitted next week recommending that another lease be bid since the current tenant is in ill health and can no longer farm the lease. j. Recommendation that taxicab fares for the first 1/3 mile be increased from 85C to 95C, as provided by Ordinance No. 13491, passed November 24, 1976, since the trip volume of Corpus Christi Transportation Company did not exceed or equal 65,000 for the first six months of 1977. In November, taxicab rates were increased from 65c for the first 1/3 mile and 10c for each additional 1/6 mile or fraction thereof to 854 for the first 1/3 mile and 20Q for each additional 1/3 mile or fraction thereof. The ordinance further provided that the rate for the first 1/3 mile would increase to 95C if the trip volume of Corpus Christi Transportation Company did not equal or exceed 65,000 for the first six months of 1977. k. Recommendation that plans and specifications for repair and resurfacing Batteries "A" through "E" of the H.E.B. Tennis Center be approved and bids be received on September 14, 1977. The work includes repairing base fail- ures, sealing cracks, leveling with Laykold material, resurfacing with Colorcoat and restriping. 1. Recommendation that the contract for transportation planning with the State Department of Highways and Public Transportation be extended from September 1, 1977 to August 31, 1978. The contract provides for reimburse- ments from Section 112 funds allocated to the City as the Metropolitan Planning Organization for transportation planning for $67,293 which includes the salaries of a Senior City Planner, Planning Technician, Engineer Aide, secretary and one-half the salary of an Engineer II. No local funds are required. * m. Recommendation that the proposed contract with the International Association of Firefighters, Local 936, be approved. It provides a salary schedule with 5% steps for Lieutenant and above, comparable salaries with police for those positions under Lieutenant, $.70 per academic hour incentive pay, increased room benefits for employees and dependents, and handling of promotion or suspension appeals by arbitration. *City Manager Townsend explained that he would like to withdraw Item "m" as a recommendation at this time and consider it later as a discussion item. Mayor Pro Tem de Ases called for discussion from the Council on the City Manager's Reports. In reference to Item "i", concerning farm leases at International Airport, Council Member Gill inquired as to why the leases had been allowed to expire before Minutes Regular Council Meeting August 24, 1977 Page 5 being recommended for extension. City Manager Townsend stated that this should have been presented to the Council prior to the August 15 expiration date; the staff was aware of it; but it might possibly have been delayed until the Airport Advisory Board could con- duct a meeting to consider the lease extensions. Mr. Townsend agreed that leases should be presented prior to the expiration date. There were no questions from the audience in regard to the City Manager's Reports. Motion by Lozano that the City Manager's Reports, Items "a" through "1" be approved as presented; seconded by Gulley, and passed unanimously. Mayor Pro Tem de Ases called for the presentation of the ordinances. City Manager Townsend briefly described the ordinances, and City Secretary Read polled the Council for their votes. The following ordinances were approved: FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE EXTENSION AGREEM]'NTS WITH THE FOLLOWING LESSEES, FOR THE RESPECTIVE FARM LEASES, LOCATED AT INTERNATIONAL AIRPORT, ACCORDING TO THE TERMS OF THE RESPECTIVE ORIGINAL LEASES AND RENEWALS THEREOF, IF ANY, AS FOLLOWS: (1) PAT McDONOUGH, JR., THREE TRACTS OF LAND CONTAINING APPROXIMATELY 393 ACRES FORMERLY IDENTIFIED AS TRACT 3, TRACT A, AND TRACT B, NOW SHOWN AS TRACT A AND TRACT B1 AND B2; (2) W.A. WHITMIRE, TRACT E; (3) JOHN H. KELLY RANCH, TRACT D; EXTENDING SAID LEASES FORA FIVE (5) YEAR TERM, WHICH TERM SHALL IN ALL CASES BEGIN AUGUST 16, 1977, AND END AUGUST 15, 1982. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING ITEMS WHICH WILL PROHIBIT PAR,:INC AT ALL TIMES ON AYERS STREET, BOTH SIDES, FROM THIRD STREET TO SANTA FE STREET AND AYERS STREET, SOUTH SIDE, FROM SECOND STREET TO THIRD STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13899: 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 55 MPH AT ALL TIMES ON SARATOGA BOULEVARD (S.H. 357), THAT PORTION WITHIN THE CITY LIMITS, EXCEPT WHEN SCHOOL LIMIT FLASHERS INDICATING 35 MPH ARE DISPLAYED 250 FEET FROM EACH SIDE OF EAST SHEA PARKWAY; PROVIDING FOR PUBLICATION. 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". Minutes Regular Council Meeting August 24, 1977 Page 6 ORDINANCE NO. 13900: APPROPRIATING $688.38 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-5, KOSTORYZ ROAD - PADRE ISLAND DRIVE TO HOLLY ROAD, OF WHICH $420 IS FOR APPRAISAL SERVICES FURNISHED BY BILL HOLLY REALTY COMPANY, AND $268.38 IS FOR LEGAL ADVERTISING ON THE KOSTORYZ ROAD PROJECT; 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. 13901: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE STATE OF TEXAS, ACTING THROUGH ITS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO EXTEND THE CONTRACT APPROVED SEPTEMBER 2, 1975 TO COVER THE PERIOD FROM SEPTEMBER 1, 1977 THROUGH AUGUST 31, 1978 FOR THE ADMINISTRATION OF SECTION 112 (FEDERAL -AID HIGHWAY ACT OF 1973) FUNDS, ALLOCATED TO THE CITY ACTING AS THE METROPOLITAN PLANNING ORGANIZATION, AS MORE FULLY SET OUT IN SAID AGREEMENT AND CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; 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". RESOLUTION NO. 13902: RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE ALL APPROPRIATE AND NECESSARY ACTIONS SEEKING LEAVE TO INTERVENE AND INTERVENING IN DOCKET NO. 25809, TRANS- ATLANTIC ROUTE PROCEEDING, BEFORE THE CIVIL AERONAUTICS BOARD IN WASHINGTON, D.C.; EXPRESSING SUPPORT OF THE APPLICATION OF BRANIFF INTERNATIONAL REQUESTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO TRANSPORT PASSENGERS, CARGO AND MAIL BETWEEN TERMINAL POINT CORPUS CHRISTI, TEXAS, DALLAS/FORT WORTH, TEXAS AND LONDON, ENGLAND, POINTS IN EUROPE AND IN SAUDI ARABIA; AUTHORIZING THE CITY SECRETARY TO PROVIDE TRUE COPIES OF THIS RESOLUTION TO ALL APPROPRIATE AND INTERESTED PARTIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13903: CLOSING A CIRCULAR PORTION OF CORONA DRIVE, LOCATED GENERALLY BETWEEN EVERHART AND EMBASSY, AND PADRE ISLAND DRIVE AND STONEGATE, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS HEREIN; AND SUBJECT TO THE FOLLOWING CONDITIONS: (1) DEDI- CATION OF ALTERNATE RIGHT-OF-WAY BY SEPARATE INSTRUMENT AND REPLATTING. (2) EX- TENSION OF THE 10' UTILITY EASEMENT BETWEEN LOTS 24 AND 25, BLOCK D, LEVEK TRACT TO INTERSECT THE NEW RIGHT-OF-WAY LINE OF CORONA DRIVE. (3) REMOVAL OF THE EXISTING PAVEMENT ON THE PORTION OF CORONA DRIVE CLOSED AND THE REALIGNMENT AND RECONSTRUCTION OF CORONA DRIVE IN ACCORDANCE WITH THE ALTERNATE RIGHT-OF-WAY TO BE DEDICATED IN CONFORMANCE WITH PIANS TO BE APPROVED BY THE DEPARTMENT OF ENGINEERING AND PHYSICAL DEVELOPMENT; 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". 1. _es Regular Council Meeting August 24, 1977 Page 7 Mayor Pro Tem de Ases recognized several members of the Y -Indian Guide organization, sponsored by the YMCA, who were present in the audience and Mr. Ken Hamlee of the YMCA, who explained the purpose of this organization. City Manager Townsend presented to the Council his response to the allega- tions made by Mr. Michael Williams, attorney representing Mr. Timoteo Gonzales, in regard to the charges brought against the City Manager and Council Member Gulley. Mayor Pro Tem de Ases stated that the Council had previously been provided copies of the answers of Council Member Gulley in connection with the same allega- tions. *Mayor Luby arrived at the meeting at 2:30 p.m. (Mayor Luby requested that it be noted that he voted "Aye" on all of the ordinances presented earlier in the meeting.) Council Member Sample stated that it was his understanding that the proper procedure in regard to the charges involving City Manager Townsend and Council Member Gulley was to set a date for a hearing before the Council to consider the charges and the answers that were presented today. He expressed the opinion that this should be set as soon as possible, preferably next week. Mayor Luby stated that it was his understanding that Mr. Michael Williams will be out of town for two weeks and possibly would not be available next week. City Manager Townsend stated that according to Mr. Williams' letter of August 15, he stated that he will be available to consult with the Council or answer questions between the dates of August 27 through September 5, 1977; there- fore he will be in the City on August 31, which is the date suggested by Council Member Sample for the hearing. Mayor Luby stated that he will be out of the City on August 31. He also emphasized the fact that he does not feel that this matter should come before the Council, but should be settled in court. Council Member Diaz indicated his agreement with setting the date of August 31, 1977, for the hearing and suggested that it start in the morning so that there will be ample time to hear the charges and the answers. Minutes Regular Council Meeting August 24, 1977 Page 8 Motion by Sample that the hearing in regard to the allegations of Mr. Michael Williams be set for Wednesday, August 31, 1977, at 9:00 a.m.; seconded by Diaz, and passed by the following vote: de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Luby voting "No" since he feels the matter should be before the Court rather than before the Council; Gulley, abstaining. * * * * * * Mayor Luby introduced at this time Mr. Terry Ferrell, of the Corpus Christi Seagulls Baseball Team. Mr. Ferrell informed the Council that the Corpus Christi Seagulls have received favorable publicity in the September issue of "Texas Monthly" in an arti- cle on minor league baseball and presented several copies of the magazine to the Council. He also introduced Mr. Bob Mofretos, who has been in the National Associa- tion of Minor League Baseball for 35 years. Mr. Ferrell mentioned the fact that the existence of a baseball team in Corpus Christi is an outstanding tourist attraction and mentioned the possibility of the hotel -motel tax fund being considered for funds for this organization. He stated that Mr. Mofretos would be glad to answer any questions the Council might have if they would like to discuss this some time in the future. Mayor Pro Tem de Ases stated that the Council is not aware of the proposal Mr. Ferrell wanted to discuss and suggested that some details and a recommendation be discussed by the Council before Mr. Mofretos is invited to return to the City. Mr. Mofretos spoke briefly and expressed the opinion that the City of Corpus Christi has a stake in baseball, the interest in the City is very good, and when the Council has time to consider the condition of the baseball facilities and other matters, he will be glad to attend a Council meeting to discuss this. Mayor Luby inquired if there were other petitions or presentations from members of the audience. There was no response. * * * * * * City Manager Townsend stated that he would like to present a status report on the contract negotiations with the Firefighters' Association. He informed the Mi....ces Regular Council Meeting August 24, 1977 Page 9 Council that the negotiations with the Firefighters' bargaining team had culminated in a tentative contract between the City and the firefighters, and the firefighters will be voting on the contract August 24, 25 and 26. He stated that if they approve the contract, it will be formally adopted by the Council next week. He presented copies of the proposed contract to the Council and briefly explained the items included. Council Member Sample inquired as to who will pay for the arbitration of suspensions and disciplinary action within the department which is included in the contract. Assistant City Manager Walker stated that the cost will be on a 50/50 basis between the City and the Firefighters' Association; the arbitrator's charges will be on an hourly basis; but the price is not known at this time. City Manager Townsend stated that the staff predicts that there will pro- bably be no more 10 in the Police this nature. He ciplinary action necessary. After further discussion of the contract, Mayor Luby complimented Mr. Walker on his efforts in negotiating the contract with the firefighters, and Mr. Walker in turn expressed his appreciation for other staff members' assistance. City Manager Townsend referred to a discussion item that had been on the Workshop Agenda in regard to the sale of the Flour Bluff utility substation at Waldron Road and N.A.S. Drive. He stated that the property sides on E. Lakeside Drive which intersects N.A.S. Drive at an angle, and this section of E. Lakeside Drive serves a very limited purpose. City Manager Townsend mentioned the possibi- lity of closing this street prior to the sale of the utility substation, stating that Administrative Assistant Tom Basile had discussed this with property owners in the area. Mr. Basile stated that following discussion of the possibility of closing this street, it had been determined that only one property owner in the area is than 3 or 4 actions in the Fire Department and no more than 8.or Department, basing this estimate on the r._cord of past actions of pointed out to the Council that it is hoped that any case of dis- in either department will be so clear that appeals will not be Minutes Regular Council Meeting August 24, 1977 Page 10 opposed to the closure, giving as his reason the fact that he feels that his park- ing lot will be used by traffic to get to N.A.S. Drive. Mr. Basile showed slides of the area and pointed out the location of E. Lakeside Drive on the map. City Manager Townsend explained to the Council that the value of the pro- perty will be substantially different if the street is closed and it might be proper to consider the street closing prior to sale of the property. After further discussion, Mayor Luby stated that it seemed to be the con- sensus of the Council that a public hearing of the street closure be held prior to sale of the property. City Manager Townsend mentioned an additional item on today's agenda which called for the City Council to conduct a closed meeting to discuss a per- sonnel matter. Mayor Luby called for.the closed session by the Council at 3:10 p.m. City Attorney Aycock stated that the closed session was legal according to Section 6252-15 of V.A.C.S. * * * * * * The Council reconvened in regular session at 3:32 p.m., at which time City Manager Townsend submitted a request that Mr. Richard Mitchell be confirmed as Street Superintendent. Motion by Diaz, seconded by Gulley, and passed unanimously, that the Council approve the appointment of Mr. Richard Mitchell to the position of Street Superin- tendent. * * * * * * In the temporary absence of Mayor Luby, Mayor Pro Tem de Ases announced the public hearings on zoning applications. City Manager Townsend stated that the first case to be considered was for Application No. C777-7, City of Corpus Christi, for a change of zoning from "R-2" Multi -Dwelling District to "R -1B" One -Family Dwelling District on Lots 48 thru 64, Block 10; all of Block 11; Lots 18 thru 34, Block 12, Carolyn Heights #7; Lots 1 thru 17, Block 12; and Lots 3 thru 20, Block 2, Carolyn Heights #6, located south of Holly Road between Carroll Lane and Liptonshire Drive. L _es Regular Council Meeting August 24, 1977 Page 11 City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval of this application and the developer of the property concurs with this zoning. Chief Planner Larry Wenger pointed out the area on the zoning and land use map; explained the land use in the surrounding area; stated that the area is being developed as residential dwellings; and showed slides of the area. No one spoke in opposition to this change of zoning request. Motion by Sample that the hearing be closed; seconded by Lozano and passed unanimously. Motion by Sample that the Council accept the recommendation of the Planning Commission and that the zoning be changed from "R-2" to "R -1B"; seconded by Diaz, and passed unanimously. City Manager Townsend announced the public hearing on Application No. C777-8, City of Corpus Christi, for a change of zoning from "R-2" Multi -Dwelling District to "R -1B" One -Family Dwelling District on Lots 6 thru 18, Block 11, Crestmont Unit #3, located south of Crestridge Drive between Kostoryz Road and Crestmore Drive. He stated that the Planning Commission and the Planning Staff recommend approval. Chief Planner Wenger pointed out the area on the zoning and land use map; explained the land use in the area; showed slides of the area; and stated that the developer has agreed to the "R -1B" zoning, since deed restrictions exist limiting the property to one -family dwellings. City Manager Townsend pointed out the need for single-family lots in this area and the ready market for residences. No one spoke in regard to this application. Motion by Sample that the hearing be closed; seconded by Lozano, and passed unanimously. Motion by Lozano that the Council accept the recommendation of the Planning Commission and that the zoning be changed from "R-2" to "R -1B"; seconded by Diaz and passed unanimously. Minutes Regular Council Meeting August 24, 1977 Page 12 City Manager Townsend presented the ordinances on the zoning cases; City Secretary Read polled the Council for their votes; and the following ordinances were approved: ORDINANCE NO. 13904: 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 ORDINANCES AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 48 THRU 64, BLOCK 10, ALL OF BLOCK 11, LOTS 18 THRU 34, BLOCK 12, CAROLYN HEIGHTS #7; LOTS 1 THRU 17, BLOCK 12, LOTS 3 THRU 20, BLOCK 2, CAROLYN HEIGHTS #6; SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" MULTI -DWELLING DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; 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. 13905: 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 ORDINANCES AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 6 THRU 18, BLOCK 11, CRESTMONT UNIT #3, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" MULTI -DWELLING DISTRICT TO "R -1B" ONE -FAMILY DWELLING 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". In regard to the ordinance approving of the farm leases on the Inter- national Airport property, Mayor Luby requested that this ordinance be placed on an emergency basis to facilitate the leases to the farmers involved. City Manager Townsend informed him that the City Charter requires that all leases be read on three readings with a 30 -day period between the first and third reading. He suggested, however, that the Council authorize the staff to inform the farmers to whom the land is being leased that the Council is agreeable to the leases. Motion by Gill that the Council instruct the staff to notify the farmers involved that the leases included in the ordinance which was approved on first. reading will be approved by the Council; seconded by Diaz, and passed unanimously. Minutes Regular Council Meeting August 24, 1977 Page 13 Mr. Bill Honsinger, representing V.F.W. Post 2397, addressed the Council at this time expressing his objection to the prohibition of bingo games that is contemplated by Chief Bill Banner of the Police Department. Mayor Luby agreed with Mr. Honsinger and stated that Chief Banner should be directed that if he has evidence of illegal games that are being conducted for profit and are associated with some criminal element, that these games should be closed, but charitable organizations such as the V.F.W. and Catholic organizations should be left alone. City Manager Townsend assured Mayor Luby that the staff would like nothing better than to be relieved of the burden of attempting to enforce the laws on bingo and they do not want to prohibit legally operated charitable games; however, ,it is very difficult to prohibit the illegally operated games without prohibiting all of the games, since there is a state law which specifies that bingo games are lottery games and are illegal in the State of Texas. He further stated that the worst offenders, such as those that are operated for profit or purchase prizes from organized crime groups, will be closed first, and it .is hoped that operators of bingo games for charitable purposes will comply with the state law and there will be no necessity to have the police department close those games. Mayor Luby referred to a memorandum to the Council and stated that he objected to the opinion indicating that all bingo games are operated unfairly and illegally and stated that he did not think that the charitable organizations should have been listed in the same category as the organizations that are crime connected or operated for profit. City Manager Townsend stated that the practice is illegal. Mr. Elmer Billings, also a representative of V.F.W. Post 2397, spoke in opposition to the proposed closing of the bingo game conducted at their organiza— tion. He informed the Council that this post has accomplished many worthwhile things for the community during times of disaster and funds to enable them to do this are partially earned through their bingo games. Minutes Regular Council Meeting August 24, 1977 Page 14 Council Member Gill expressed the opinion that bingo, as well as being a good fund raising project, is also a social outlet and that she would like to see the illegal "pull card" use be discontinued but she would not like to see the bingo games closed if they are properly operated by volunteer efforts with no profit made for the operators. * City Manager Townsend stated that any organization that can produce evi- dence through their records of the disposition of their proceeds for charitable purposes will be the last one involved in any kind of enforcement action. Council Member Sample inquired if bingo is against the law. City Attorney Aycock assured the Council that as recently as April, 1976, an appellate judge in Dallas ruled any game is illegal if it involves a lottery, risk, chance and prizes. He also stated that the Attorney General of Texas has said that a lottery is contrary to the constitution and the penal code. Mr. Aycock informed the Council that the only way to legalize bingo for charitable organi- zations is by constitutional amendment. City Manager Townsend stated that citizens had been reminded some time ago that bingo is illegal, and the problem has just been further increased. Mayor Luby suggested that the City Manager should decide which games are being illegally operated and for a profit and suggested that consideration should be given between the private operations as opposed to public operations. Council Member Gill inquired if lotteries are illegal, would this affect Boy Scouts and other groups who are selling chances? City Attorney Aycock said that this would depend on the way it is conducted, but if chance is involved and money is paid for the chance, then it might be illegal. Council Member Gill stated that she would like to have a copy of the inter- pretation of the law. Council Member Lozano mentioned the fact that the Council had been threatened by a local citizen if the bingo games are closed and expressed his strong objection to such threats. * This paragraph was corrected by official Council action on October 5, 1977. Minutes Regular Council Meeting August 24, 1977 Page 15 Mayor Pro Tem de Ases agreed that this is a difficult problem and he sym- pathizes with the anguish of the charitable organizations, but expressed the opinion that if there is a law prohibiting bingo games, it should be enforced. Council Member Diaz stated that a felony is a felony and that he does not see how a distinction can be made between bingo for profit and bingo conducted for charitable purposes. City Manager Townsend stated that the police will just close down the operation of the worst offenders and then work their way down to the other games. Council Member Sample stated that he felt that the law must be enforced as it pertains to bingo games conducted by V.F.W. and other charitable organiza- tions, and to clarify this problem, an attempt should be made to change the law to exempt charitable organizations from prohibition of bingo games, but this would have to be on a State level. Mayor Luby stated that he would like to have Chief Banner present to the Council a list of the people who are operating bingo games in connection with organized crime. Mr. Clifford Cosgrove, 3302 Olsen, stated that he was appearing before the Council again in regard to the Horne Road sewer problem and questioned why nothing had been done to alleviate the problem. City Manager Townsend assured him that the City is expecting information momentarily that funds from EDA are being sent to the City. He explained that the plans and specifications are ready to go out to bidders, and the date for receiving bids will be set just as soon as the funds are in the City. Mr. Cosgrove stated that the sewer in question has been a problem for over a year. He also mentioned the fact that a large sum of money had recently been allocated for elevators and other items for the auditorium and questioned the reason funds were spent for this when there is such a need in connection with the Horne Road sewer problem. City Manager Townsend informed him that the funds he referred to were for a change order in the amount of approximately $300,000 which was approved in the Minutes Regular Council Meeting August 24, 1977 Page 16 last bond election. Council Member Sample stated that the Horne Road sewer line cannot be repaired until funds are available and asked either Mayor Luby or City Manager Townsend to explain to Mr. Cosgrove why bond funds voted for one project cannot be transferred to another bond fund. Mayor Luby stated that he shares Mr. Cosgrove's concern. City Manager Townsend reiterated that the project will be started as soon as the EDA grant is received and the only alternative is to have City crews repair the break temporarily, and as soon as this is done, another break will occur, which would necessitate a City crew being available practically all the time to constantly repair recurring breaks in the line. Mr. Cosgrove again asked why bond money is not used. City Manager Townsend stated that there is no bond money for this purpose and explained that it is legally impossible to transfer funds from one type of pro- ject to another type. * * * * * * Mayor Pro Tem de Ases introduced the family of Mr. Archie Walker who were in attendance at the meeting. Mrs. Rosa Gonzales, 3246 Greenwood, speaking as a citizen rather than as a member of the Planning Commission, urged the Council to take whatever action possi- ble to prevent encroachment in the flight pattern and high -noise zones near the Navy's airfields. City Manager Townsend informed her that the Council had, during the Work- shop meeting that morning, authorized several actions to be taken to minimize such encroachment. Mrs. Gonzales indicated her approval and urged expeditious action on the part of the Council to approve the ordinances discussed. Mayor Luby commented that he was very pleased with the actions proposed by the staff and the Council to protect the Navy installations and asked if the ordi- nances or resolutions could be presented and passed today. Regular Council Meeting August 24, 1977 Page 17 City Manager Townsend stated that the matter will be on the agenda next week, explaining that the wording should be discussed with officials of the Navy before presentation to the Council. He suggested, however, that a motion would be in order to reaffirm the Council's position. Motion by Sample that the Council reaffirm the concept of the Resolution passed in 1974 in regard to the encroachment of the area of the Naval Air Station operations; seconded by Diaz, and passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley voting "No", stating that his reason for doing so was that he had not had an opportunity to carefully read the resolution. There being no further business to come before the Council, on motion by de Ases, seconded by Sample and passed unanimously, the meeting was adjourned at 4:50 p.m. August 24, 1977.