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
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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.
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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•
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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
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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".
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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
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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.
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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.