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HomeMy WebLinkAboutMinutes City Council - 08/31/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 31, 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. Council Member Ruth Gill gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Motion by Sample that the minutes of the Regular Council Meeting of August 17, 1977 be approved as presented, seconded by Diaz and passed unanimously. Mayor Pro Tem de Ases announced the recessed public hearing on the follow- ing amendments to the Sanitary Sewer and Drainage Master Plans: 1. 'Include in the Sanitary Sewer Master Plan all the area along Everhart Road:south of Saratoga which could be tied into the existing, gravity,. line in Everhart by gravity without the use of lift stations. It is recommended that only the area east of Everhart be approved., - 2. Include in the Drainage Plan extension of a storm sewer outfall in Everhart Road south of County Road No. 19 to drain an area of approx- imately 120 acres east of Everhart and south of Snowgoose Drive. The . amendment is conditioned upon developers constructing the line at their cost from the boundary of their subdivisions to the outfall, a , distance of approximately 2,600'. *Mayor Luby arrived at the meeting at this time. City Manager Marvin Townsend presented background information on the pro- posed amendments. He located the land involved on the map and informed the Council that the developers of the property propose to tie on to the existing gravity line; the sewage will be carried to the Everhart lift station by gravity and into the Oso Wastewater Plant; and expressed concern about overloading this system unless improvements are approved in an upcoming bond election to improve the Oso system. Mr. James K. Lontos, Director of Engineering and Physical Development, explained that the developers have extended the trunk main at their expense. Mr. 14[CROFILMED SEP 0 31980 Minutes Regular Council Meeting August 31, 1977 Page 2 Lontos also explained the proposed drainage amendment and pointed out the area that will carry the drainage on the map. He stated that he felt that a drainage conduit should be constructed along Everhart Road, and that with approval ofthese amend- ments, the area could be developed. City Manager Townsend informed the Council that the City has received a letter from the owners of the land, Mr. Guy I. Alexander, Mr. William D. Wallock and Mr. Philip M. Wallock, owners of 40 acres in Section 5 of Flour Bluff and Encinal Farm and Carden Tracts; and Mr. John Tucker and Mr. Henry Tucker, owners of 80 acres in the same Section, indicating that they will construct the concrete pipe drainage conduit to drain the area. He stated that the Legal Department may require a more detailed document from these owners to assure that the conduit will be constructed. City Manager Townsend expressed the opinion that the owners have proceeded in good faith to comply with the City's Master Sanitary Sewer and Drainage plans, but the staff cannot recommend any additional load to go into the Oso Wastewater System at this time. Mr. Townsend stated that it is hoped that the expansion of the Oso Plant will be included in the next bond election, which will be held very soon, possibly in November, and that approval of any more development to be served by the Oso System is based on the assumption that the improvements to the Oso Plant will be on the next bond issue. Mr. Jack Solka, 4707 Everhart Road, Architect representing the owners of the 40 -acre tract, urged the Council to approve the recommended amendments but with the exception that they be allowed to go ahead now with development of the property rather than having to wait until a bond election is passed approving the improvements to the Oso Wastewater System. Mr. Solka gave the history of the developers' efforts to obtain the staff's approval to proceed with their plans for developing the property, which began in January. He again requested Council approval to allow the developers to proceed with their plans by approving these amendments now. City Manager Townsend assured the Council that this approval would not present a problem if the Council plans to include the Oso Plant improvements in • Minutes Regular Council Meeting August 31, 1977 ' Page 3 the upcoming bond election. Council Member Lozano inquired as to what the consequences would be if the Oso Plant improvements are not approved in the bond election. City Manager Townsend stated that if the Oso Plant became overloaded, the City would have no choice but to refuse to allow additional taps onto the system. Mr. Solka stated that he and the developers are aware of the possibility of such a situation and are willing to commence with their development under those conditions. Mr. Eugene Urban, Urban Engineering, 3100 South Alameda, representing the owners of the 80 -acre tract of Section 5, addressed the Council and reminded them that the owners have agreed to construct the storm sewer line at their expense. Mr. Urban also pointed out that if the improvements to the Oso System are not approved, every subdivision in the entire area will suffer and development will of necessity have to be discontinued. Council Member Lozano remarked that he believes that it is the consensus of the Council that there will be a bond election in November and that this pro- ject will be included in the bond issue. Motion by Gulley that the hearing be closed, seconded by Lozano and passed unanimously. City Manager Townsend reminded the Council that only by action of the City Council can the Master Plans for Drainage and Sanitary Sewers be changed. Motion by Gulley that the Council approve the amendments to the Sanitary Sewer and Drainage Master Plans, as listed; seconded by Diaz. Council Member Gill inquired of Mr. Solka if he was aware of all of the requirements included in the City's Master Plans. He indicated that he was not, since he is an architect who dealt in buildings and construction primarily. Council Member Gill reiterated her suggestion made some time ago that the City staff prepare some type of brochure outlining the requirements of the City in regard to land development. Mr. Solka expressed the opinion that this would be very helpful to developers. Minutes Regular Council Meeting August 31, 1977 Page 4 Mayor Luby called for the vote on Council Member Gulley's motion, and it was approved unanimously. Motion by de Ases that the Council make it known that it is their inten- tion to include in the bond election in November an item for expansion of the Oso Wastewater Plant and trunk main; seconded by Sample, and passed unanimously. Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related explanation and comments: a. Recommendation that a public hearing be held at 2 p.m. during the Regular Council Meeting on September 14, 1977 on the closing of Lakeside Drive between N.A.S. Drive and Waldron Road. b. Recommendation that bids be received on September 19, 1977 to lease approximately 174 acres, identified as Tract "C" at the Airport for five years for farming. The former tenant can no longer farm the lease. The lease consideration will be 1/3 of the value of grain crops or 1/4 of the value of cotton. The bidder will also be required to bid a minimum annual guarantee for each of the 5 years with bid award to be made on the basis of the highest guarantee for the 5 -year period. c. Recommendation that a 10' x 140' utility easement located on Lot 19A, Block 3, Gardendale Subdivision be abandoned. The property is located near the southeast corner of Everhart Road and Cain Drive. Suitable alternate easements have been dedicated. A 2" gas line has been relocated at the expense of the property owners. A11 affected departments concur. d. Recommendation that bids be received at 11:00 A.M., Tuesday, September 20, 1977 for 4 exhibit cases to be used in the Museum Mall and 3 crystal chandeliers for the antiques gallery at the Museum. Both items will be purchased with Museum trust funds. The Museum Advisory Board so recommends. e. Recommendation that bid award for a microfilm reader -printer for La Retama Library be made to 3M COMPANY, San Antonio, on the basis of low bid of $2,702.66. Bids were receiv d from two firms. The reader -printer is included in the grants received under the Texas State Library Systems Act and will be used to handle requests from South Texas Library System members. f. Recommendation that bid award on 16 items of rubber hip & knee boots be made to SOUTHWEST GLOVES, INC., Fort Worth, on the basis of low firm bid of $5,941.64. The apparent low bid of $5,814.37, submitted by Vallen Corporation, is not recommended because it is subject to fluctuation and is only 2% lower than the recommended bid. Price reflects a decrease of approximately 5%. Bids were received from 9 firms. g. Recommendation that contracts and related documents with the following agencies be approved for public service employment special projects under Title VI of the Comprehensive Employment and Training Act: Corpus Christi State School $24,200 March of Dimes 1,600 United Services Organization, Inc. 4,600 12 positions 1 position 2 positions The contracts will extend from September 1, 1977 through November 16, 1977 and will be recommended for additional funding beyond that date through August 31, 1978 contingent on further release of Title VI funds by the Department of Labor. Minutes Regular Council Meaning August 31, 1977 Page 5 h. Recommendation that contracts be approved with the following agencies for public service employment under Title II of the Comprehensive Employment and Training Act: Flour Bluff ISD West Oso ISD Corpus Christi State University Texas Youth Council $ 7,000 12,000 20,200 6,000 3 positions 10 positions 14 positions 3 positions The contracts will extend from September 1, 1977 through November 16, 1977 and will be recommended for additional funding beyond that date through November 16, 1978 contingent on further release of Title II funds by the Department of Labor. i. Recommendation that contract modifications be approved with the following agencies for public service employment under Title VI of the Comprehensive Employment and Training Act extending current contracts from September 30, 1977 through November 16, 1977: * Corpus Christi ISD Flour Bluff ISD West Oso ISD Calallen ISD Tuloso-Midway ISD Del Mar College Lulac Educational Service Center $173,100 42 positions 31,400 13 positions 15,000 3 positions 28,500 10 positions 20,000 3 positions 15,600 3 positions 21,600 4 positions The contract modifications extend positions and incorporate special project positions for the Flour Bluff and Calallen school districts and the Lulac Educational Service Center. The contracts will be recommended for extension beyond November 16, 1977 through November 16, 1978 contingent on release of additional funds by the Department of Labor. j. Withdrawn k. 1. Recommendation that the Flour Bluff Park (Parker Park) Tennis Court project be accepted and final payment of $9,242.03 for a total of $68,559.95 be made Asphalt Paving & Construction Company. This project was funded with a 50% grant aid from the Bureau of Outdoor Recreation and consists of 3 tennis courts, a 14 -space parking lot, sidewalks and utility facilities for other improvements in the park. Recommendation that the following actions be taken regarding the Casa Blanca, La Arboleda, High Terrace Areas Street Improvements: (1) the preliminary assessment roll on Phase A be adopted with 231 items and assessments totaling $108,910.40; (2) the preliminary assessment roll for Phase B be adopted with 413 items and assessments totaling $231,304.53; (3) a public hearing be held on September 29, 1977 at 7:00 p.m. at Crockett Elementary School. This project is financed by Third Year Community Development and local bond funds. The low bid submitted on Phase A was by Asphalt Maintenance Company for $315,038.85 and on Phase B by Asphalt Paving and Construction Company for $641,321.94. Minutes Regular Council Meeting August 31, 1977 Page 6 sq. Recommendation that the Housing Rehabilitation Loan Handbook be amended to increase the maximum amount of interest-free, deferred payment loans from $3,500 to $5,000. The staff has found that most persons eligible for interest-free, deferred payment loans live in worse conditions than other applicants and thus require more money to remedy severe housing deficiencies such as hazard wiring, unsanitary plumbing and deteriorated roofing. The increase is also recommended because of increases in cons- truction costs. The Community Development Corporation's Loan Committee concurs. n. Recommendation that a public hearing be held at 2:P0 p.m. during the Regular Council Meeting on September 7, 1977 on the following .amendments to the 1990 Transportation Plan: (1) Delete and redesignate some of the street network north of State Highway 44 to Haven Drive between McKenzie Road and Violet Road t. accomodate Champlin Petroleum Company's new ethylene pleat. (2) Redesign the collector and major streets along the west and southwest boundaries of International Airport as a result of proposed land acquisition for the expansion and protection of Incernationsl Airport The Commission so recommends. P. Recommendation that a contract be approved with Ilium Associates of Seattle, Washington to prepare a transit marketing plan to increase transit ridership and revenues for $24,961. The Urban Mass Transportation Administration will provide $19,969 for this project under a Technical Studies grant previously approved by the City Council with the local share being $4,992. R• Recommendation that a contract be executed with Texas A & M Research Foundation acting for the Texas Transportation Institute, Texas A & M University System, to prepare a report on the transportation needs of elderly and handicapped persons at a cost of•$19,873. The Urban Mass Transportation Administration will provide $15,898 for this project under a Technical Studies grant previously approved by the City Council with the local share being $3,975. q. Recommendation that the 1977-78 budget be corrected to reduce the closing balance of general obligation debt service by $360,171 (from $8,861,489 to $8,501,318) because of the 34 reduction in the tax levy for debt service and to reduce the estimated revenue in the Transit Fund by $28,248 because of reduced participation by the Urban Mass Transportation Administration due to the reduction in the transfer from the General Fund. These corrections do not affect the approved level of individual fund appropriations but will revise the composite budget total from $73,769,704 to $74,101,627. r. Recommendation that authority be granted to submit a grant application to the Governor's Committee on Aging for $20,000 in supplemental funds for the elderly nutrition program for five months (7/1/77 - 11/30/77). A local match of $2,000 is required and is available from the 1976-1977 Senior Community Services Budget. Funds will be used to supplement raw food purchases (fresh meats and vegetables) and to purchase kitchen equipment. L es Regular Council Meeting August 31, 1977 ' Page 7 S. Recomendation that authority be granted to submit an application to the Criminal Justice Division for funding of a Counter Fencing Task Force. The task force is designed to provide a means of apprehending the persons that reap most of the profits from the operations of burglars and other thieves, the professional fence. The Criminal Justice Division will fund $20,841 with the City's in-kind contribution being $33,362 (the salary of two sergeants) for a total cost of $54,203 beginning January 1, 1978. The Counter Fencing Task Force program was rated number three in priority by the City Council on March 30, 1977 on those programs to be submitted to the Criminal Justice Division for funding. t. Withdrawn. tbk., Recommendation that the eontrset with the Corpus Christi Firefighters' , Association be extended through September 7, 1977. Recommendation that the Street Division Budget be revised to reduce the position of Engineer III (Grade 31) to Engineer II (Grade 29) and reclassify the position of Assistant Street Superintendent from Grade 26 to Grade 29. This action is recommended by the new Street Superintendent and by James K. Lontos to provide the same compensation level for the engineering position requiring technical knowledge but limited supervision and the operational position involving substantial field,supervision. "7. Recommendation that a contract in perpetuity be approved with the City of Mathis for the sale of untreated water from Lake Corpus Christi. The proposed contract contains the same basic terms as are provided in the San Patricio and Alice raw water contracts. Mathis intends to build a treatment plant on Water District -City land and pump treated water to Mathis. The proposed contract includes the requirement that Corpus Christi approve plans for the facilities they propose to build. Corpus Christi and the District will provide a site, Mathis will have a right to increase its consumption 10Z per year on a cumulative basis, Mathis will have to maintain sound water quality and insure that all development meets Mathis standards for development. The price will be the published rate of cost which now is $.07 per 1,000 gallons. City Manager Townsend requested approval on Ordinance listed as "a", since there is a need to file notice in the Office of the Nueces County Clerk. The City Secretary polled the Council for their vote, and the following ordinance was approved: ORDINANCE NO. 13906: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF VARIOUS STREETS IN CASA BIANCA, LA ARBOLEDA, AND HIGH TERRACE AREAS, AS FOLLOWS: PHASE "A": 1. BOLIVAR STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; 2. PRESA STREET, FROM MAC ARTHUR STREET TO EISENHOWER; 3. SOLEDAD STREET, FROM MAC ARTHUR TO GREENWOOD DRIVE; 4. GUADALUPE STREET, FROM MAC ARTHUR TO EISENHOWER; 5. MAC ARTHUR STREET, FROM TARLTON TO BELTON STREET; AND 6. EISENHOWER STREET, FROM BOLIVAR TO BELTON; PHASE "B": 1. WAINWRIGHT STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; 2. MONTGOMERY STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; 3. DUNBAR STREET, FROM MAC ARTHUR STREET TO GREENWOOD DRIVE; 4. HALSEY STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; 5. NIMITZ STREET, FROM SOUTH PORT AVENUE TO EISENHOWER STREET; 6. MAC ARTHUR STREET, FROM TARLTON STREET TO NIMITZ STREET; 7. EISENHCWER STREET, FROM TARLTON STREET TO NIMITZ STREET; 8. GOLIAD•STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; 9. SAN JACINTO STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; 10. SONORA STREET, FROM SOUTH PORT AVENUE TO GREENWOOD DRIVE; 11. ALAMO STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; AND 12. LAMAR STREET, GOLIAD STREET TO BALDWIN BOULEVARD; IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PIANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 31, 1977 Page 8 The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". In a discussion of Item "o;' and "p" of the City Manager's Reports, City Manager Townsend stated that these studies are required and have been approved by the Federal agency. Mr. Townsend stated that no local firms had submitted proposals for the transit marketing plan; therefore, the Ilium Associates of Seattle, Washington is the firm recommended. Council Member Gill inquired if this company had prepared a similar study for the City of Seattle, mentioning the excellent public transit system , in that City. It was later ascertained that this firm did perform the study for that City. In regard to Item "r", which requests authority for submission of a grant application for supplemental funds for the elderly nutrition program, Mr. Ernest Briones, Director of Planning and Urban Development, explained that the additional funds will be used to improve the quality of the meals and purchase of equipment to keep the meals warm, thus making them more palatable. In a discussion of the acquisition of the Nueces County Tax Office for relocation of currently leased City office space, City Manager Townsend stated that the staff is in favor of the lease -purchase arrangement for the tax office building, indicating that delaying of the first year's payment would allow the establishment of a fund for renovation, and at the end of the 5th budget year, the County would then quit -claim deed the building to the City. Council Member Lozano inquired about the air-conditioning units that were reportedly removed from the building, and City Manager Townsend assured him that they would be returned. Mayor Pro Tem de Ases inquired if the County had received offers from any other entity for purchase of the building. City Manager Townsend informed him that several other groups have indicated an interest in using the building, but the County has only offered it to the City, since the building has always been a public building. Mayor Pro Tem de Ases suggested that since no other offers have been made, it might be possible for the City to obtain a better price on the building. City Manager Townsend stated that he did not know what opportunities there might be in regard to negotiations with the County; the staff feels that Minutes Regular Council Meeting August 31, 1977 Page 9 the -land is worth between 73 and 74 thousand dollars; and that it might not be inappropriate to pursue this further. Mr. Townsend stated that he felt that Judge Barnes is not too concerned about the building, but he is concerned about the dis- position and use of the land. Mayor Pro Tem de Ases expressed the feeling that it might be of some benefit to continue negotiating for the building rather than purchasing it under these terms. Mayor Luby stated that it was his understanding that the staff would nego- tiate with the County Judge on the price and inquired as to the proposed use after five years. He also indicated that he understood that it would eventually become park land and that it might be feasible to allow the County to establish a park at this time, unless the City intends to use the building for a long period of time. City Manager Townsend reiterated that the building will belong to the City in five years and the City will have the option to determine the use. He also indicated that any further discussion should be between the Council and the Commissioners. Council Member Gulley summarized by stating that it is his opinion that the Judge desires to sell the building, but he wants it used by a governmental entity; the price is too high, but he feels that the Judge does not care whether the City purchases it or not; and expressed regret that the City did not obtain a better price, but the purchase of the building will save funds currently being spent on office rentals. Council Member Gill suggested that Mayor Luby appoint several Council Members to meet with County Judge Barnes to discuss the matter further. Mayor Luby then appointed Mayor Pro Tem de Ases and Council Members Gill and Sample to meet with Judge Barnes to discuss the purchase price. In a discussion of Item "w" of the City Manager's Reports, which recom- mends approval of a water contract with the City of Mathis, Mayor Luby introduced Mayor J. M. Edmondson and Attorney Frederic Johnson of Mathis. Minutes Regular Council Meeting August 31, 1977 Page 10 Mayor Edmondson stated that they have been negotiating with members of the staff on the proposed water contract, and they are in agreement with the terms and approve the contract. City Manager Townsend explained the process and the lease arrangements which specify that Mathis will construct a treatment plant on Water District -City land and pump treated water to the City of Mathis; the City of Corpus Christi will approve plans for the facilities to be built; and a site will be provided by the City and the Water District. Mayor Pro Tem de Ases expressed concern about the fact that the staff is recommending a contract for perpetuity and about the safeguards for the City of Corpus Christi 1n the event of a shortage of water. City Manager Townsend stated that the City of Mathis will be under the same constraints as the City of Corpus Christi if water should have to be rationed. Mr. Johnson, Attorney',for City of Mathis, .indicated that in November, 1976, the City Council went on record by endorsing this type of contract and this con- tract would be on the same basis as that with the City of Alice. Council Member Gulley requested that he be excused to prepare for the hurricane. In regard to the resolution on today's agenda concerning encroachment near the airfields, Mr. Gulley requested that it be discussed but no vote be taken until next week. Mayor Luby referred to remarks made earlier by Congressman John Young in which Congressman Young indicated that encroachment is not a factor in the Navy's decisions to close Naval bases, stating that he had been in contact with Navy officials who had indicated that this is a key factor affecting the decisions to close Navy installations. Mayor Luby urged passage of the resolution as soon as possible. City Attorney Aycock informed the Council that the resolution to be con- sidered today is basically the same resolution passed in 1974 with the exception that the noise zones reflect changes. **Council Member Gulley departed the meeting at 4:10 p.m. Minutes Regular Council Meeting August 31, 1977 Page 11 Mayor Pro Tem de Ases referred to Item "i", requesting approval of modifi- cations with a number of agencies for public service employment under Title VI of CETA, particularly as it concerns the Corpus Christi Independent School District involving 42 positions, with total funding in the amount of $173,100. Mr. de Ases inquired if these particular positions are filled at this time. City Manager Townsend informed him that these are additional positions. Mayor Pro Tem de Ases indicated his disappointment in the response by the Corpus Christi Independent School District to the City's request for assistance in funding for the school crossing guard positions. He stated that he felt that the School Board had handled the City's request in an offhand manner, whereas the City has always been very cooperative with the School Board by assisting that organiza- tion in obtaining funds for various items such as the one being considered today. Council Member Sample stated that he, too, was very disappointed in the handling of the Council request for cooperative funding for school crossing guards. Mayor Luby suggested that, if this is the consensus of the Council, further negotiations with the School Board might be in order in regard to the school cross- ing guards. Mayor Pro Tem de Ases inquired as to the effect on the entire ordinance if this portion concerning the Corpus Christi Independent School District is tabled until next week. Mayor Luby objected to this type of action. Motion by de Ases that the portion of the City Manager's report Item "i" as it pertains to the Corpus Christi Independent School District be withdrawn from consideration; seconded by Sample. Council Member Gill stated that she would prefer to write to the School Board asking them to reconsider the Council request for cooperation on funding for the school crossing guard positions. Mayor Pro Tem de Ases then modified his motion to withdraw the portion of the item and asked that it be tabled for one week for further discussion. He pointed out that no one will suffer from a one-week delay, since the contract Minutes Regular Council Meeting August 31, 1977 Page 12 is not effective until September 30, 1977. *Mayor Luby called for the vote on Mayor Pro Tem de Ases' motion, and it passed by the following vote: de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Luby voting "No"; Gulley, absent. Motion by Gill that the City correspond with=the Superintendent of Schools and the members of the School Board to request further discussion on funding for the school crossing guards in view of the fact that the City is cooperating with them by assisting the Corpus Christi Independent School District to obtain funds for these 42 positions; seconded by Diaz. Mayor Luby again indicated his disapproval of such action. Council Member Lozano stated that he did not agree and indicated that this will simply point out to the School Board the fact that the City is attempting to cooperate with them. After further discussion, Mayor Luby called for the vote on Council Member Gill's motion. The motion was approved by the following vote: de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Luby voting "No"; Gulley, absent. There was no further discussion on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" through "w" with Items "j" and "t" having been withdrawn and the portion of Item "i" as it pertains to the Corpus Christi Independent School District being tabled for one week, be approved; seconded by Lozano, and passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. * * * * * * Mayor Luby announced the public hearings on zoning cases. City Manager Townsend stated that the first case to be considered was Application No. 777-1, Mrs. Myles McKitrick, for a change of zoning from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business District on Lot 17A, Block 7, Gardendale #1, located on the north side of Holly Road approximately 400' east of Everhart Road. City Manager Townsend stated that the Planning Commission recommends denial and the Planning Staff recommends denial of the "B-1" zoning but approval of "AB" as a buffer zone. es Regular Council Meeting August 31, 1977 , Page 13 City Planner Edward Shaw pointed out the area on the zoning and land use map, explained the land use in the surrounding area, showed slides of the area, and informed the Council that the Planning Commission had offered the applicant a spe- cial permit for the operation of the proposed antique shop, but the applicant had indicated that a special permit would not be acceptable. Mr. Richard Hatch, 4411 Gollihar, Attorney representing the applicant, addressed the Council and stated that Mrs. McKitrick does not own this property yet but has entered into a contract with the owners subject to the rezoning. Mr. Hatch explained that Mrs. McKitrick plans to develop a building to be used as busi- ness property and in which her.antique shop will be located. He stated that "AB" zoning with a special permit for her shop would not be acceptable to her because she plans to lease portions of the building for other businesses. City Manager Townsend informed the Council that the special permit would allow other tenants in the building, but the type of businesses would have to be specified. Mr. Hatch reiterated that his client wants only "B-1" zoning on the pro- perty. City Manager Townsend stated that the Planning Commission recommended the "AB" zoning with a special permit for the antique shop so that signs can be regu- lated. Mr. Shaw pointed out that "AB" zoning is a good buffer zone between the residences and the "B-1" zoning. Mr. Gene Peeples, 310 Palmetto, member of the Planning Commission, spoke at this time and explained that the Commission has been under constant pressure from owners in this area in an attempt to move the business zoning line further back and they have recommended denial on other requests for business zoning. He stated that the Commission feels that the "AB" zoning would be more protective, and while they felt that the antique shop would be a desirable business, "B-1" zoning would allow types of business firms that might not be appropriate for this area. Mrs. Myles McKitrick, Route 1, Box 894, Ingleside, stated that she had discussed the business zoning with the owner of the property next door and this Minutes Regular Council Meeting August 31, 1977 Page 14 owner had indicated that she was very much in favor of "B-1" zoning, since the house on the property is in very bad condition. Mrs. McKitrick also pointed out that no one in the neighborhood had any objections to this zoning. No one else spoke in regard to this application. Motion by de Ases that the hearing be closed, seconded by Sample and passed unanimously. Motion by Sample that the Council accept the recommendation of the Planning Commission and the application for "B-1" zoning be denied. There was no second to this motion. Motion by Gill that the Council deny the application for "B -l" zoning but in lieu thereof approve zoning of "AB" with a special permit for "B-1" usage subject to approval of a site plan. City Manager Townsend explained to Mr. Hatch and the applicant, Mrs. McKitrick, that a site plan must be approved by the Council and the contemplated uses for the building must be included in that site plan. Mr. Hatch stated that they would have to discuss this with the present owner of the property to see if he would sell the property under those conditions. Mayor Pro Tem de Ases stated that if the "AB" zoning is approved today, an ordinance could not be passed today and the applicant would have an opportunity to ascertain if the property would be sold with those stipulations. Council Member Gill's motion was seconded by de Ases. Council Member Sample inquired if it is possible to table this application. Council Member Lozano stated that since an ordinance will not be considered until next week, the applicant would have time to decide if this zoning would be accep- table. Mayor Luby called for the vote on the motion, and it was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. * City Manager Townsend announced the public hearing on Application No. 877-2, Mr. Randal G. Stivers, Jr., Trustee, for a change of zoning from "B-1" Neighborhood M.. -es Regular Council Meeting August 31, 1977 ' Page 15 Business District to "B-4" General Business District on Lot 14, Block 6, Candlewood Addition Unit 2, located along the south side of South Padre Island Drive between Candlewood Drive and Hanley Drive. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend approval. City Planner Shaw pointed out the area on the zoning and land use map, explained the land use in the area, and showed slides of the area. No one spoke in regard to this application. Motion by Lozano that the hearing be closed, seconded by Sample and passed unanimously. Motion by Sample that the recommendation of the Planning Commission be accepted and the zoning be changed from "B-1" to "B-4" on Lot 14, Block 6, Candle - wood Addition Unit 2; seconded.by Diaz, and passed unanimously. * * * * * * City Manager Townsend presented the ordinances for consideration by the Council. City Secretary Read polled the Council for their votes, and the following -ordinances were approved: SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE EXTENSION AGREEMENTS 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 second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. SECOND 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 WRICH WILL PROHIBIT PARKING AT ALL TIMES ON AYERS SREET, 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 second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting August 31, 1977 Page 16 THIRD READING - ORDINANCE NO. 13908: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS AIR CONTROL BOARD FOR THE PLACEMENT OF AN ATMOSPHERIC MONITORING STATION IN WEST GUTH PARK FOR A TERM OF THREE YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13909: CLOSING AND ABANDONING THE EXISTING 10 -FOOT BY 140 -FOOT UTILITY EASEMENT LOCATED ON LOT 19A, BLOCK 3, GARDENDALE SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13910: AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND RELATED DOCUMENTS WITH THE CORPUS CHRISTI STATE SCHOOL, MARCH OF DIMES AND THE UNITED SERVICES ORGANIZATION, INC. FOR 15 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 AS MORE FULLY SET OUT IN SAID CONTRACTS, COPIES OF WHICH IN SUBSTANTIALLY THE SAME FORM ARE ATTACHED HERETO MARKED EXHIBITS "A" THROUGH "C" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13911: AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND RELATED DOCUMENTS WITH THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT, WEST OSO INDEPENDENT SCHOOL DISTRICT, CORPUS CHRISTI STATE UNIVERSITY AND THE TEXAS YOUTH COUNCIL FOR 30 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE II OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 AS MORE FULLY SET OUT IN SAID CONTRACTS, COPIES OF WHICH IN SUBSTANTIALLY THE SAME FORM ARE ATTACHED HERETO MARKED EXHIBITS "A" THROUGH "D" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13912: AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT MODIFICATIONS AND RELATED DOCUMENTS WITH THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT, WEST OSO INDEPENDENT SCHOOL DISTRICT, CALALLEN INDEPENDENT SCHOOL DISTRICT, TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT, DEL MAR COLLEGE AND THE LULAC EDUCATIONAL SERVICE CENTER FOR 78 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 AS MORE FULLY SET OUT IN SAID CONTRACTS COPIES OF WHICH IN SUBSTANTIALLY THE SAME FORM ARE ATTACHED HERETO, MARKED EXHIBITS "A" THROUGH "F", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. as Regular Council Meeting August 31, 1977 Page 17 ORDINANCE NO. 13907: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: CASA BLANCA, LA ARBOLEDA, AND HIGH TERRACE AREAS: PHASE A: (1) BOLIVAR STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; (2) PRESA STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; (3) SOLEDAD STREET FROM MAC ARTHUR TO GREENWOOD DRIVE; (4) GUADALUPE STREET FROM MAC ARTHUR TO EISENHOWER; (5) MAC ARTHUR STREET FROM TARLTON TO BELTON STREET; AND (6) EISENHOWER STREET FROM BOLIVAR TO BELTON. PHASE B: (1) WAINWRIGHT STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; (2) MONTGOMERY STREET, FROM MAC ARTHUR STREET TO EISENHOWER STREET; (3) DUNBAR STREET, FROM MAC ARTHUR STREET TO GREENWOOD DRIVE; (4) HALSEY STREET, FROM MAC ARTHUR STREET TO EISENROWER STREET; (5) NIMITZ STREET, FROM SOUTH PORT AVENUE TO EISENHOWER STREET; (6) MAC ARTHUR STREET, FROM TARLTON STREET TO NIMITZ STREET; (7) EISENHOWER STREET, FROM TARLTON STREET TO NIMITZ STREET; (8) GOLIAD STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; (9) SAN JACINTO STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; (10) SONORA STREET, FROM SOUTH PORT AVENUE TO GREENWOOD DRIVE; (11) ALAMO STREET, FROM SOUTH PORT AVENUE TO LAMAR STREET; AND (12) LAMAR STREET, GOLIAD STREET TO BALDWIN BOULEVARD. 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 SEPTEMBER 29TH, 7:00 P.M., CROCKETT ELEMENTARY SCHOOL, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY TH:LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN URGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13913: AUTHORIZING THE AMENDMENT OF CHAPTER 3, PARAGRAPH 4, OF THE HOUSING REHABILITATION LOAN HANDBOOK, SAID AMENDMENT TO INCREASE THE MAXIMUM AMOUNT OF INTEREST-FREE, DEFERRED PAYMENT LOANS FROM THE CURRENT $3,500 TO $5,000, A SUBSTANTIAL COPY OF THE PROPOSED AMENDMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Cill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13914: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ILIUM ASSOCIATES, INC., TO PREPARE A TRANSIT MARKETING PLAN, A COPY OF SAID CONTRACT IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by, the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13915: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TEXAS A & M RESEARCH FOUNDATION, ACTING AS CONTRACTING AGENCY FOR TEXAS TRANSPORTATION INSTITUTE, TEXAS A & M UNIVERSITY SYSTEM, TO PREPARE A REPORT OF THE TRANSPORTATION NEEDS OF ELDERLY AND HANDICAPPED PERSONS, A COPY OF SAID CONTRACT IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting August 31, 1977 Page 18 ORDINANCE NO. 13916: AMENDING ORDINANCE NO. 13876, ADOPTING THE 1977-78 BUDGET BY REDUCING REVENUES EXCLUDING INTER -FUND FOR TRANSIT BY $28,248 (FROM $1,135,699 TO $1,107,451), AND REDUCING THE CLOSING BALANCE OF GENERAL OBLIGATION DEBT SERVICE BY $360,171 (FROM $8,861,489 TO $8,501,318) AND AMENDING THE TOTAL APPROPRIATION FROM $73,769,704 TO $74,101,627; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13917: AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION TO THE GOVERNOR'S COMMITTEE ON AGING FOR $20,000 IN SUPPLEMENTAL FUNDS UNDER TITLE VII FOR THE ELDERLY NUTRITION PROGRAM FOR A FIVE-MONTH PERIOD BEGINNING JULY 1, 1977, THROUGH NOVEMBER 30, 1977, AS MORE FULLY SET FORTH IN THE PROPOSAL, A COPY OF WHICH IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS AND CONTRACTS IN THE ADMINISTRATION AND EXECUTION OF THIS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13918: AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR FUNDING OF A COUNTER FENCING TASK FORCE AND AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO IMPLEMENT THE TASK FORCE IF THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. RESOLUTION NO. 13919: RESOLUTION CONFIRMING THE APPOINTMENT OF RICHARD MITCHELL TO THE OFFICE OF STREET SUPERINTENDENT BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. RESOLUTION NO. 13920: RESOLUTION RESOLVING THAT IT IS THE DESIRE OF THE CITY OF CORPUS CHRISTI TO EFFECT AN ECONOMICALLY FEASIBLE PLAN WHEREBY DEVELOPMENT AND L&ND USES SURROUNDING AIRFIELD INSTALLATIONS WILL BE PERMITTED ONLY IN SUCH A MANNER AS TO BE COMPATIBLE WITH THE AIRFIELD INSTALLATIONS AND SO AS NOT TO RESULT IN CESSATION OF ESSENTIAL MILITARY AND ECONOMIC ACTIVITIES AND ADOPTING CERTAIN RECOMMENDATIONS TO ACHIEVE THIS GOAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting August 31, 177 Page 19 FIRST READING: AUTHORIZING THE CITY MANAGER TO ENTER INTO A WATER SALES CONTRACT WITH THE CITY OF MATHIS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 13921: 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 SEI, 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 RANDAL G. STIVERS, JR., TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 14, BLOCK 6, CANDLEWOOD ADDITION, UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "3-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. * City Manager Townsend stated that there was a discussion item listed on the Workshop Agenda regarding the possibility of the City guaranteeing to assist in bringing the NCAA Tennis Tournament to Corpus Christi in 1979. The City's guaran- tee would be based on advertising value and would be financed from the Hotel -Motel Tax reserve balance. Mr. Townsend stated that the Tennis Association is requesting a maximum of $10,000 City participation, based on advertising and tourist value of the tournament. City Manager Townsend asked for the Council's direction on whether or not it would be appropriate for the City to make this commitment. Mayor Luby indicated that he is very much in favor of this. Council Member Lozano reminded the Council that according to State law, the hotel -motel tax can be increased by $.01. Mayor Luby suggested that along the same line, he felt that the Corpus Christi Seagulls Baseball Team should be considered for funding by the City. City Manager Townsend stated that he is transmitting the request that was received from the Tennis Association, and they would like to have a decision as soon as possible since September 2 is the date on which the bids on the tourna- ment must be made. Further discussion followed. Motion by de Ases that the City Council go on record as being favorably inclined in regard to the NCAA Tennis Tournament but they are not in a position Minutes Regular Council Meeting August 31, 1977 Page 20 to commit funds at this time. The motion was seconded by Diaz and passed unani- mously. Mayor Luby called for petitions or discussion from members of the audience. Mr. Robert Cornell, 614 Texas Avenue, a City employee in the Garage of Maintenance Services, appeared before the Council, stating that he was doing so on the advice of the Civil Service Board in regard to an employee grievance filed in January, 1977. Mr. Cornell stated that a letter of reprimand had been placed in his personnel file which he felt was undeserved; he had talked to City Manager Townsend in regard to this, after having gone through the proper channels; the City Manager had indicated that he would contact him; the matter has still not been resolved; the accusation made against him was unjust; and he requested that the Council consider the matter in the near future. City Manager Townsend indicated that the Civil Service Board does not have the authority to advise an employee to appear before the Council under these circumstances; a great deal of time has been spent on this grievance; and Mr. Cornell has been informed that there is no justification for asking his super- visor to remove the letter of reprimand from his personnel file. Mr. Townsend explained that the matter involved the lack of work performed on a City vehicle which was damaged because of improper maintenance. He further stated that a letter of reprimand had been written to Mr. Cornell's supervisor because he did not ade- quately explain the matter. Mr. Cornell stated that he felt that the City Manager was minimizing the seriousness of the matter because he felt that he was entitled to a hearing because he was not responsible for the damage to the vehicle and again requested that the Council hear his complaint. City Manager Townsend assured Mr. Cornell that if his work now and in the future is satisfactory, the fact that a letter of reprimand is in his file becomes insignificant. He also informed the Council that both he and Assistant City Manager Walker had reviewed the case thoroughly and that he believes that the disagreement is between Mr. Cornell and his supervisor, Mr. Peterson. .A..utes Regular Council Meeting August 31, 1977 Page 21 Mayor Luby expressed. the opinion that since Mr. Cornell had appeared before the Council on the advice of the Civil Service Board, he should not be reprimanded for appearing. City Manager Townsend stated that he would not be. Mayor Luby thanked Mr. Cornell for being there and requested City Manager Townsend to send a further letter of explanation to him. City Manager Townsend reiterated that nothing more could be done and sug- gested to Mr. Cornell that he demonstrate to his supervisor that he can perform satisfactory work now. Mr. Cornell stated that he still feels that the reprimand was unjust•and that he is being harassed. Council Member Diaz suggested that if he is being harassed that he write down the name of the person who is harassing him, the dates on which such incidents occur, details of the situation, and -report this to his superiors. Mr. Elmer Billings, 4709 Broughton, representative of V.F.W. Post 2397, informed the Council that a group of citizens, including several representatives of charitable organizations and Catholic churches, had met the previous evening to discuss the matter of bingo and the City's proposed enforcement of the law prohibiting bingo. Mr. Billings stated that he had been selected chairman of the group and was asked to appear before the Council to inquire if all non-profit organizations were going to be prohibited from selling chances on raffles, etc:, since the City Attorney had stated that such acts are also unlawful. He also informed the Council that a resolution was passed by the group at their meeting affirming that there would be no organized crime participating in any of their bingo games and that they would voluntarily police their own games. After further discussion, City Manager Townsend stated that the City will investigate each alleged violation that is called to the attention of the staff and make a recommendation on each case. Mr. Billings then offered the City the use of the V.F.W. Building at the intersection of Port and Ayers if needed for victims of the hurricane,. Mayoii-Luby thanked him for his offer. �'S F^ '. t!V,; i. 34 ^ VOW" "4,4 ". •• i • ..... 1. Minutes Regular Council Meeting August 31, 1977 Page 22 There being no further business to come before the Council, on motion by de Ases, seconded by Diaz and passed unanimously, the Regular Council Meeting was adjourned at 6:02 p.m. August 31, 1977.