HomeMy WebLinkAboutMinutes City Council - 02/07/1979PRESENT:
Mayor Gabe Lozano, Sr.
Mayor Pro Tem Bob Gulley
Council Members:
David Diaz .
Joe Holt
Edward L. Sample
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
'FEBRUARY 7, 1979
2:00 P. M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers
of City Hall.
The Reverend Steve Coronado of the Primera Iglesia Asamblea de Dios gave
the invocation.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally constituted
meeting.
Mayor Lozano announced that a proclamation had been issued declaring
February 11-17, 1979 as "LULAC WEEK."
Motion by Diaz that Council Members Ruth Gill and Tony Juarez, Jr. be
excused for just cause; seconded by Sample; and passed unanimously.
A
Motion by Holt that the Minutes of the Regular Council Meeting of January
17, 1979 be approved as presented; seconded by Sample; and passed unanimously.
Mayor Lozano requested that City Secretary Read read a Resolution honor-
ing Mr. John Carlisle, retired Fire Chief, following which the Council was polled
+, +3 t
for their votes, and the following resolution was approved:
RESOLUTION NO. 14758:
EXPRESSING THE CITY COUNCIL'S AND THE CITIZENS OF CORPUS CHRISTI DEEPEST APPRECIATION
AND GRATITUDE TO FIRE CHIEF JOHN G. CARLISLE UPON HIS RETIREMENT FOR HIS MANY YEARS
OF OUTSTANDING SERVICE AND DEDICATION TO THE CITY OF CORPUS CHRISTI AND THE CORPUS
CHRISTI FIRE DEPARTMENT.
The Charter Rule was suspended and the foregoing resolution was passed by the following
vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill and Juarez, absent.
Mayor Lozano then presented retirement plaques to the following employees:
EMPLOYEE DEPARTMENT
POSITION YEARS OF SERVICE
Mr. John Carlisle Fire Fire Chief 42
Mr. G. E. Van Tasell Tax Sr. Accountant IV 16
Mr. C. C. Hagan Police Police Commander 38
Mr. Ralph Luna Municipal Court Warrant Officer T 22
SEP 0 41980
MICROFILMED
Minutes
Regular Council Meeting
February 7, 1979
Page 2
Mayor Lozano announced the scheduled bid opening on the following engineer-
ing project:
a. Construction and rehabilitation of the first phase of the Oso Wastewater
Treatment Plant. The project includes construction and rehabilitation
of approximately half of the mixing tanks, reaeration tanks, clarifiers
and chlorine contact chambers; all of the prethickeners; aerobic digesters
and post -thickeners; a new office and laboratory building; and two blower
buildings. In addition, the project includes purchase of aeration
and clarifier equipment to be installed when the next contract for plant
work is let. This will assure the City of better competitive bids due to
larger quantities of purchase and reduce cost due to inflation. The project
will be funded by a 75% grant approved by the Environmental Protection
Agency and 25% by local funds.
Mr. James K. Lontos, Director of Engineering and Physical Development,
opened and read bids from the following firms: Permian Construction Co. and
Republic Mechanical, a Joint Venture, Katy, Texas; Butler Construction Co., Salt
Lake City, Utah; W. T. Young Construction Co., Corpus Christi, Texas; and F & E
Erection (CDK Contracting), San Antonio, Texas.
Mayor Lozano stated that the apparent low bidder was Permian Construction
Co. and Republic Mechanical, a Joint Venture, but that the bids will be tabled for
48 hours, pursuant to the requirements of the City Charter, and referred to the
staff for tabulation and recommendation.
Mayor Lozano then stated that bid opening had also been scheduled on the
following engineering project:
b. Construction of Sanitary Sewer 34-B, Section 2. This project is a 1977
bond project and provides for a 15" sanitary sewer trunk extension along
Hearne Road and crossing Highway 77 at Five Points. The developers of
Wood River Subdivision have agreed to participate in the cost of oversizing
the line to 18" to serve the subdivision. This is the third of three
contracts for the extension beginning from IH -37 and Sharpsburg Road. The
other two are under construction.
City Manager Townsend referred to the discussion conducted in regard to
this project during the morning Workshop Meeting. He reminded the Council that
a problem existed in regard to the required crossing of Highway 77 which might
make it difficult for the bidders to be responsive to the specifications on this
portion and suggested that it might be in order to delay this bid opening.
Mr. Lontos assured the Council that all of the contractors who had
obtained plans and specifications for this project are aware that the bids will
not be opened today. Mr. Lontos noted, however, that one contractor had submitted
a bid prior to being informed of this.
M .s
Regular Council Meeting
February 7, 1979
Page 3
Motion by Holt that the bids be returned on the Sanitary Sewer 34-B, Section
B, project and the project be redesigned with the bids to be received at a later
date; seconded by Sample; and passed unanimously.
* * * * * * * * * * * *
Mayor Lozano announced a presentation by Mrs. Marco Eugenio.
Mrs. Eugenio, 6008 Ocean Drive, presented to the Council copies of her
presentation which was on behalf of the Corpus Christi Cultural Council, a non-
profit corporation chartered under the State of Texas and organized by a group of
interested citizens to foster the development and appreciation of the arts in the
community.
Mrs. Eugenio referred to the bronze sculpture that Dr. Sherman Coleman
has offered to donate as a symbol of this City's name and location on Corpus
Christi Bay. She assured the Council that the Cultural Council plans to assume
the responsibility of installation and maintenance of the statue, and the only
thing requested of the City is that they agree to lease 50 by 50 foot property on
the bayfront for the location of the statue. Mrs. Eugenio informed the Council
that the Cultural Council has suggested that their choices of the location for
the erection of the sculpture are as follows: No. 1 - 100' from the water's
edge into the bay at Interstate Highway 37 and Shoreline Boulevard; No. 2 -
the breakwaters parallel to the People's Street T -Head; No. 3 - the breakwaters
across from I.H. 37 and south of Sunfish Island; No. 4 - the spoil island known
as Sunfish Island; and No. 5 - on the north point of the People's Street T -Head.
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Mrs. Eugenio further informed the Council that the anticipated cost of
this sculpture, including installation, is projected to be approximately two
hundred thousand dollars, all of which will be privately funded. She reiter-
ated that the Corpus Christi Cultural Council will assume responsibility for its
perpetual care and maintenance. She also reminded the Council that this proposal
was presented to the City Council 15 months ago; it has received the legal opinion
1
of the Texas State Attorney General on the legality of a lease of City property
for this purpose; and a majority of the citizens of this community support the
installation of the sculpture. Mrs. Eugenio then urged the Council to make a
decision in regard to this matter.
Minutes
Regular Council Meeting
February 7, 1979
Page 4
Mayor Pro Tem Gulley inquired if Dr. Coleman had a model of this sculpture
for the Council to see before approving such a lease.
Mrs. Eugenio explained that Dr. Coleman will have a model for the Council
to view prior to the beginning of the work, but because of the time and effort
involved, it would not be feasible for him to prepare a model unless the Council
plans to allow the installation of the statue. Mrs. Eugenio assured the Council '
that the proposed work would be of the same quality as other art work sculpted by
Dr. Coleman, such as the sculpture of the Indian that will be placed in the Nueces
County Courthouse.
Council Member Holt inquired if it would be possible to lease property
for the installation of the statue for a period of more than five years. City
Manager Townsend indicated that the lease would have to be for five years, which
could be renewed following that.
Mrs. Eugenio stated that the Corpus Christi Cultural Council would accept
such a five-year lease.
Mayor Pro Tem Gulley again expressed the opinion that the Council would
like to see a model of the sculpture before approval of a lease is granted.
Mrs. Eugenio explained the time and expense required for a model, but
that she felt sure that the Cultural Council would accept a lease with the under-
standing that it is subject to the City Council's approval of the sculpture.
Council Member Holt inquired of the City Manager as to what the next step
would be to approve this item, and City Manager Townsend replied that possibly a
resolution expressing approval of the project might be in order if the Council
desired.
City Attorney J. Bruce Aycock explained that Mrs. Eugenio is requesting
that the Council approve a, lease and the terms of the lease subject to the appro-
val of the model of the sculpture. Mrs. Eugenio agreed that she is interested in
a lease subject to the approval of the model.
Council Member Holt suggested that the exact location be based on a
recommendation of the Municipal Arts Commission.
Council Member Sample expressed the opinion that Mrs. Eugenio's request
is in order and that the Council could approve the lease and allow the Municipal
M. s
Regular Council Meeting
February 7, 1979
Page 5
Arts Commission to approve the actual work of art. Mr. Sample stated that he is in
favor of the Council approving the lease.
Mayor Pro Tem Gulley suggested that if it is the consensus of the Council
that the lease should be approved, then the City Manager could arrange to move
forward on this matter.
Council Member Diaz indicated his agreement with this but that he would
like to examine a map of the different sites suggested so that the Council could
determine the best location for the statue to be sure that the statue does not
interfere with boats in the area.
Mrs. Eugenio noted that there is a sculpture in the water in Denmark
which does not interfere with the maritime traffic in that area. She expressed
the opinion that these questions can be worked out and are secondary to her
request that the Council approve a lease.
Mayor Pro Tem Gulley inquired as to whether or not the sites proposed
would require approval of the Corps of Engineers, and City Manager Townsend
replied that all of the sites would except No. 5, and the sites in navigable
water would also require approval by the Coast Guard.
Mayor Lozano agreed that the Council could approve the concept of the
proposal. City Manager Townsend suggested that if Council desires, the matter
could be placed on the agenda next week.
Motion by Holt that the matter concerning the statue commemorating the
City of Corpus Christi be placed on next week's Council agenda for action; seconded
by Sample.
Mr. Harold Alberts asked to speak in regard to this matter, stating that
if the Council votes on this matter, they will be acting in conflict with the City
Charter which prohibits such structures in the Bay.
Mayor Lozano explained that this matter will be on the agenda next week
at which time discussion from members of the audience will be in order.
Council Member Sample suggested to Mr. Alberts that he speak following
the completion of the formal agenda since this matter is just listed as a presenta-
tion at this time.
* * * * * * * * * * * *
Minutes
Regular Council Meeting
February 7, 1979
Page 6
Mayor Lozano called for the City Manager's Reports. City Manager Townsend
presented items with related comments and explanation and recommended that:
a. Bids be received at 11:00 a.m., Tuesday, February 27, 1979 for one
additional and one replacement senior traffic counter and four
replacement junior traffic counters for Traffic Engineering.
b. Trees for various City parks be purchased from the following firms on
the basis of low bid:
TURNER LANDSCAPE, Corpus Christi
200 ea. 2" Tallow Trees $3,190.00
ALAN'S NURSERY, Corpus Christi
125 ea. Palms $3,123.75
On the following item, the firms indicated are tied for low bid. It
is recommended that award be made by casting lots:
*ALAN'S NURSERY (X )
-CORPUS- eHRIS'n NURSERY-
50 ea. 2" Live Oak Trees
$2,695.00
$9,008.75
Bids were received from 3 firms. Price comparison indicates an increase
of 15% on 2" Tallow Trees, an increase of 55% on 2" Live Oak Trees and
a decrease of 34% on Palm Trees. The only bid received on 150 - 2"
cottonwood trees of $2,609.25 did not meet specifications. These trees
may be purchased. later if trees meeting specifications become available.
c. An additional 6" portable pump for the Water Division be purchased from
RENT -IT, Corpus Christi, on the basis of low bid meeting specifications
of $3,107.58. Bids were received from four firms. The apparent low
bids of $1,465.10 by Nueces Hardware and Supply Company, Corpus Christi,
and $2,873 by John Bean Equipment Company, Corpus Christi, are not
recommended because the pump bid by Nueces Hardware was smaller than
specified and the Bean pump did not include a 12' suction hose. The
pump will be used for emergency maintenance of large mains.
d. A replacement survey instrument (theodolite) with tripod for Engineering
be purchased from R. L. SARGENT COMPANY, INC., Houston, on the basis
of only bid received of $2,835.36. Price comparison reflects an increase
of 32%.
e. A replacement gas chlorinator for the Oso Wastewater Treatment Plant
be purchased from H & H INDUSTRIAL INSTRUMENT, INC., Corpus Christi,
on the basis of low bid of $2,450. Bids were received from two firms.
Price comparison reflects an increase of approximately 5%.
f. A replacement gas leak detector, for the Gas Division, be purchased
from SOUTHERN CROSS CORPORATION, Atlanta, Georgia on the basis of low
bid of $2,205. Bids were received from two firms. Price comparison
reflects an increase of 13%.
The rnrpus Chricti Reach Pier Removal Project he acne„red and rota]
payment of $11,350 be made to Shirley Brothers General Contractors,
Inc. Ten working days were specified, but the contractor completed the
work in 5 days.
h. A 5' wide utility easement along the northwest line of Lot 14 and a
5' wide utility easement along the southeast line of Lot 15, Block 2,
Coronado Addition, be abandoned at the request of the property owner,
who plans to build over the easements. All affected departments concur.
The area is generally ]orated south of Baldwin Boulevard between Vera
Cruz and Torreon Streets.
* :d to this firm following the casting of lots.
M. ..es
Regular Council Meeting
February 7, 1979
Page 7
i. $10,770 be appropriated from the Museum Bond Fund for restoration of
five old paintings to be carried out by Mr. Jack Flanagan. The paintings
will be part of the 1977 bond election program to develop the exhibits in
the north building. Mr. Flanagan is from Houston and is an accomplished
restorer of paintings. The Directors of the Art Museum of South Texas,
South Texas Artmobile and Art Community Center concur that these old
paintings are from the homes of Mr. Mifflin Kennedy and Dr. Spohn,
are some of the first art brought to Corpus Christi before the
turn of the century and should be restored and added to the museum's
displays in the North Hall.
J•
Bids be received at 11:00 a.m., Friday, February 23, 1979 on budgeted
1978-79 requirements of motor vehicles as follows:
32 replacement and 1 additional standard sedan with air conditioning
and police package
intermediate sedans with air conditioning and police package
intermediate sedans with air conditioning
intermediate station wagon with air conditioning
compact sedans with air conditioning
and 1 additional compact sedan without air conditioning
compact station wagons with air conditioning
and 1 additional subcompact sedan with air conditioning
subcompact sedans without air conditioning
1/2 -ton window van with air conditioning
1/2 -ton window vans without air conditioning
1/2 -ton panel van with air conditioning
3/4 -ton window van without air conditioning
10 replacement
5 replacement
1 replacement
4 replacement
3 replacement
2 replacement
5 replacement
7 replacement
1 replacement
3 replacement
1 replacement
1 replacement
1 additional 1/2 -ton compact pick-up truck
30 replacement and 2 additional 1/2 -ton pick-up trucks
1 replacement and 1/2 -ton pick-up truck with air conditioning
3 replacement 3/4 -ton pick up trucks, 1 with crew cab
3 replacement 10,000 GVW cabs and chassis with 60" cab axle
23 replacement 20,000 GVW cabs and chassis with cab axles from
3 replacement 23,000 GVW cabs and chassis with cab axles from
2 replacement 27,500 GVW cabs and chassis with 72" cab axles
1 additional 20,000 GVW four-wheel drive cab and chassis with
axle and winch
60" to 138"
60" to 84"
102" cab
Of the 147 vehicles, 7 are additional. Additional cars include 1 for the
Police Department to allow 2 officers to be transferred from motorcycles
to a car, 1 for the Street Division which is replacing a 1/2 -ton pick-up,
and 1 for the Health Department to replace a car allowance for the District
Sanitation Inspector assigned to the Flour Bluff -Padre Island District.
Additional trucks include 2 for the Water Division for the additional
budgeted personnel for Wesley Seale Dam and for the Water Meter Shop Super-
visor, 1 for the Park Division to be used for Corpus Christi Beach
(the four-wheel drive truck) and 1 for Maintenance Services to expedite
pick up and delivery of parts to increase mechanic output.
k. Bids be received at 11:00. a.m., Friday, February 23, 1979 on the following
budgeted special truck bodies and tool boxes:
1 replacement 28' revolving aerial bucket with 108" utility service body
for Traffic Engineering
11 replacement 4-5 cubic yard dump bodies for the Street, Water and Wastewater
Services Divisions.
1 replacement hose and sprinkler body for the Park Division
3 replacement utility service bodies ranging from 96" to 108" for the
Park and Recreation Department, Gas Division and Water Division
4 pairs of replacement utility side pack tool boxes for the Gas Division
6 additional storage tool boxes for pick-up trucks for the Water Division
1 replacement hydraulic lift gate for a 3/4 -ton pick-up for the Park and
Recreation Department
Minutes
Regular Council Meeting
February 7, 1979
Page 8
1. A resolution be approved to establish equipment rental rates for City
equipment used to provide improvements to Parker Memorial Park. The
City received $220,000 from the Bureau of Outdoor Recreation through the
Texas Parks and Wildlife Department, which matched the 1972 bond election
project, for construction of a swimming pool, tennis courts and other
improvements. The pool and tennis courts were constructed by private
contracts. The other improvements, consisting of playground equipment,
drainage, irrigation, site work and sodding were by Park Division forces.
Grant regulations require that rates for City equipment used be adopted
by resolution before the grant can be closed out. The proposed rates
result in equipment charges of approximately 859,000. The rates are
based on total operating and maintenance expenditures for the particular
equipment divided by the hours of use. The rates range from $.85 per
hour for a 1971 dump truck to $6.55 per hour for a 1975 tractor.
m. Bids be received at 11:00 a.m., Tuesday, February 27, 1979 on four
copy machines (new or used) for use at the City Hall, Public Utilities
Building, City Hall Annex and Police Department.
n. $29,430 be transferred from the General Fund Reserve for the increased
cost of electricity for street lights approved in the 1978-79 budget.
The budget erroneously estimated the increased cost of fuel pass-through
at 5%. The actual increase will be approximately 9% for 1978-79. The
1978-79 Budget provides $563,700 for 10,207 existing and 368 planned
street lights.
Mayor Lozano called for questions or discussion from the Council on the
City Manager's Reports.
Council Member Diaz inquired about the additional vehicles recommended for
purchase in Item "j."
City Manager Townsend explained the various uses of the additional vehi-
cles and the reason for the recommendation.
Mayor Pro Tem Gulley expressed opposition to the purchase of the seven
additional vehicles because this represents an increase in the budget, whereas,
the Council has attempted to decrease the budget.
Council Member Holt inquired of Mr. Gulley if he felt that those seven
vehicles should be removed from this item, and Mayor Pro Tem Gulley stated that
he felt that they should be eliminated.
City Manager Townsend noted that these were discussed during the budget
hearings and pointed out that the purchase of several of these vehicles would
eliminate the car allowances in several departments.
Mayor Lozano pointed out that at least one of these vehicles will replace
motorcycles in the Police Department.
Council Member Diaz expressed the opinion that possibly the motorcycles
in the Police Department should be retained.
:s
Regular Council Meeting
February 7, 1979
Page 9
Council Member Holt suggested that if the Council did not want seven addi-
tional vehicles purchased out of the current year's budget, the time to eliminate
them from the budget was at the time of budget hearings and discussions.
Mayor Pro Tem Gulley expressed the opinion that the manner in which the
budget is discussed does not emphasize the total number of additional items that
will be purchased and since this money has not yet been appropriated, the purchase
of these additional vehicles can still be deleted from the budget.
City Manager Townsend pointed out that the total vehicle fleet for the
City is between 800 and 900, and this increase of 7 vehicles does not represent
very much of an increase, considering the growth of the City.
There were no comments from the audience on the City Manager's Reports.
Motion by Sample that the City Manager's Reports, Items "a" thru "n,"
be accepted; seconded by Holt; and passed by the following vote: Lozano, Diaz,
Holt and Sample voting "Aye" on all of the items; Gulley voting "Aye" on all of
the items with the exception of Item "j" on which he voted "No"; Gill and Juarez,
absent.
* * * * * * * * * * * *
City Manager Townsend referred to the following tabled item:
Opening of Bloomington Street to Rockford Drive. The public hearing on this
item was held on December 13, 1978 and tabled until January 3, 1979 so that
the property owner involved could be contacted one more time to ascertain his
views. On January 3, this item was further tabled until today to give the
staff time to further negotiate with the property owners to either alter
the plan for the street location or discuss the possibility of acquiring all
of the land involved in the street extension including the odd -shaped tract
of land south and east of the proposed street extension.
Mr. Townsend explained that staff members have met with the owners of the
land involved; some progress has been made towards working this out; but they would
like to have a little more time and suggested that the matter be further tabled.
Motion by Holt that the item on the opening of Bloomington Street to,
Rockford Drive be further tabled for three weeks, seconded by Sample, and passed
unanimously.
* * * * * * * * * * * *
Mayor Lozano called for the ordinances. City Manager Townsend stated that
he would like to discuss first the ordinance listed as "c" which authorizes the
lease with Gault Aviation, Inc. Mr. Townsend reminded the Council that there was
Minutes
Regular Council Meeting
February 7, 1979
Page 10
a question on the fixed base hangar operator lease proposal received from Mr. Gault,
and the Council had requested that comparable rates for fixed base operations be
obtained.
City Manager Townsend discussed the rates for various fixed base hangar
operators and mentioned that when the aviation operation was moved to the new
International Airport, the rates were decreased to make the new location attrac-
tive to the lessees. Mr. Townsend informed the Council that Mr. Gault and the
staff feel that the changed lease is better.
Mr. Douglas Matthews, Director of Public Utilities, presented copies of
the comparable rates for such operations at other Texas cities and summarized by
stating that Corpus Christi's rates are in line with those in other cities. Mr.
Matthews explained the revenue received from leases and from the fuel flowage
charge.
Council Member Holt expressed the opinion that the charge for lease of
land should be more than the fuel flowage charge because the land lease would
represent a more consistent revenue. He also suggested that all of the airport
leases should have the same expiration dates.
City Manager Townsend suggested that the lease be amended prior to the
second reading.
Council Member Holt inquired if Mr. Gault plans to construct a new
building and asked about the value of the new building.
Mr. Gault, who was present in the audience, stated that he did not know
what the value would be.
Council Member Holt then suggested that the lease should require that
the new building be constructed by a certain time since the City plans the con-
struction of new ramps in the area.
City Manager Townsend agreed that this is a valid point and that a time
limit for construction should be included in the lease.
Mr. Gault pointed out that Federal funds will be used for the construc-
tion of the ramps whether the new building is constructed or not. Mr. Townsend
explained that local share funds are also required.
h_ es
Regular Council Meeting
February 7, 1979
Page 11
City Manager Townsend proposed that the motion to amend the lease be
approved prior to the second reading, and if necessary, the lease can be amended
again prior to the third reading to include a time limit on the construction of
the new hangar. He assured the Council that this lease will be completely clarified
prior to the third reading.
Motion by'Holt, seconded by Diaz, and passed unanimously, that the ordinance
authorizing a contract with Roger L. Gault, dba Gault Aviation, of the_County of
Nueces, State of Texas, read on the first of three readings on January 3, 1979, be
amended prior to its second reading by providing the following changes:
1. In the caption and in Section 1 of the ordinance, change the dates
the lease is to be extended from April 1, 1979 through March 31, 2009.
2. Substituting the lease attached hereto in lieu of the copy made a
part of the ordinance read on the first reading on January 3, 1979.
City Manager Townsend continued with an explanation of the remaining
ordinances on the agenda.
Mayor Lozano called for comments or questions from the members of the
audience on the ordinances.
Mr. Jim Ritchey, 722 NAS Drive, spoke in regard to the ordinances listed
as "d" and "e" which authorize the agreements for the barge restaurants. Mr.
Ritchey expressed opposition to these ordinances because of the parking problem
that already exists in the downtown area of the City and which would be further
aggravated if the barge restaurants are located in the bay. He stated that he
felt that approval of these restaurants would be unfair to other restaurants in
the City because they have to provide their own parking space. Mr. Ritchey also
pointed out that the City will have to provide utilities, sanitary facilities,
and fire protection. He expressed the opinion that the cost to the City will be
greater than the percentage received from the barge restaurant owners.
Council Member. Diaz stated that the City is not giving anything to these
restaurant owners, but it is estimated that if the site is provided, the barge
restaurants will generate increased tourism, resulting in benefits to the economy
of the City.
Speaking in rebuttal to Mr. Ritchey's remarks was Mr. Rudolph Heistermann,
Minutes
Regular Council Meeting
February 7, 1979
Page 12
3306 Cartagena Drive, who pointed out that there are already commercial businesses
located on the T -Heads, such as fishing boats and other projects. He indicated
that he felt that the barge restaurants would be in the same category as these
businesses.
There were no further comments from the audience on the ordinances.
City Secretary Read polled the Council for their votes, and the following
ordinances were approved:
SECOND READING:
GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN
ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR FIVE (5) YEARS; SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF FRANCHISE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill
and Juarez, "absent".
SECOND READING:
AMENDING ARTICLE III SCHEDULES, SECTION 53-250 SCHEDULE I - ONE WAY STREETS AND ALLEYS,
SUBSECTION (a-1) BY ADDING THERETO ONE-WAY PROVISION FOR TRAFFIC MOVEMENT FOR ROCKFORD
DRIVE, FROM DARCEY DRIVE TO CLIFF MAUS DRIVE; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill
and Juarez, "absent".
SECOND READING:
AUTHORIZING AND APPROVING THE GAULT AVIATION, INC. FIXED BASE OPERATOR AND HANGAR
LEASE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT BE EXTENDED 30 YEARS FROM APRIL 1,
1979 THROUGH MARCH 31, 2009, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A"
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill
and Juarez, "absent".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTRACT AND A FIVE (5) YEAR
LEASE AGREEMENT WITH THE "1908 WHARF CORP." FOR THE ESTABLISHMENT OF A BARGE RESTAURANT
TO BE LOCATED ON THE PEOPLES STREET T -HEAD OR THE BARGE DOCK LOCATED AT THE NORTH END
OF EAST SHORELINE.
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill
and Juarez, "absent".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTRACT AND A FIVE (5) YEAR
LEASE AGREEMENT WITH THE "PELICAN'S PLEASURE", DBA "CAPTAIN BOOMER'S" FOR THE
ESTABLISHMENT OF A BARGE RESTAURANT TO BE LOCATED ON THE PEOPLES STREET T -HEAD OR
THE BARGE DOCK LOCATED AT THE NORTH END OF EAST SHORELINE.
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill
and Juarez, "absent".
!s
Rtbiar Council Meeting
February 7, 1979
Page 13
ORDINANCE NO. 14759:
CLOSING AND ABANDONING A 5 -FOOT WIDE UTILITY EASEMENT ALONG THE NORTHWEST LINE OF
LOT 14 AND A 5 -FOOT WIDE UTILITY EASEMENT ALONG THE SOUTHEAST LINE OF LOT 15, BLOCK 2,
CORONADO ADDITION, RECORDED IN VOLUME 9, PAGE 28, MAP RECORDS OF NUECES COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill and Juarez, "absent".
ORDINANCE NO. 14760:
APPROPRIATING OUT OF THE NO. 263 MUSEUM BOND FUND THE SUM OF $10,770 FOR PROJECT NO.
263-77-1, CORPUS CHRISTI MUSEUM, COMPLETION OF EXHIBIT SPACE IN THE NORTH WING, FOR
THE PURPOSE OF RESTORATION OF FIVE OLD PAINTINGS TO BE USED AS EXHIBITS IN THE NORTH
BUILDING, SAID RESTORATION TO BE DONE BY JACK FLANAGAN; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill and Juarez, "absent".
RESOLUTION NO. 14761:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, FINDING AND DETERMINING
THE HOURLY COST OF OPERATING CERTAIN PARK DIVISION EQUIPMENT; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill and Juarez, "absent".
ORDINANCE NO. 14762:
CLOSING AND ABANDONING THE ALLEY BETWEEN LOTS 1 THROUGH 6 AND LOTS 7 THROUGH 12,
WATER BLOCK 7, BEACH PORTION, SUBJECT TO REPLATTING, REMOVAL OF EXISTING DRIVEWAYS
AND CURB CUTS, AND RETENTION OF THE FULL WIDTH OF THE ALLEY AS A UTILITY EASEMENT
UNTIL THE UTILITIES THEREIN ARE RELOCATED; AND DECLARING AN EMERGENCY.
The Charter Rule was suepended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill and Juarez, "absent".
ORDINANCE NO. 14763:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY
OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE
AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI BY AMENDING
THE ZONING MAP BY CHANGING THE ZONING ON LOTS 37 THRU 45, BLOCK 4, FROM "I-2" LIGHT
INDUSTRIAL DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; LOTS 63 THRU 72, BLOCK 4, FROM
I-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT, STEELE'S ADDITION;
LOTS 13 THRU 17, BLOCK 6, FROM "A-2" APARTMENT HOUSE DISTRICT TO "R-2" MULTIPLE DWELLING
DISTRICT, MONTROSE ADDITION; LOTS 46 THRU 62, BLOCK 4, ALL OF BLOCK 9, THE NORTH 1/2
OF LOTS 1 AND 2 AND ALL OF LOTS 3 THRU 69, BLOCK 10, LOTS 13 THRU 36 AND LOTS 41 THRU
72, BLOCK 11, LOTS 1 THRU 66, BLOCK 12, STEELE'S ADDITION; ALL OF BLOCK 1, LOTS 1 THRU
16 AND 25 THRU 40, BLOCK 2, LOTS 1 THRU 33, BLOCK 3, LOTS 1 THRU 14, BLOCK 4, SAN PEDRO
ADDITION; LOTS 1 THRU 9, BLOCK 2, KOSAR ADDITION; AND LOTS 1 THRU 12, BLOCK 6, LOTS 2
THRU 5 AND LOTS 7 THRU 16, BLOCK 7, MONTROSE ADDITION FROM "I-2" LIGHT INDUSTRIAL
DISTRICT';"B-1" NEIGHBORHOOD BUSINESS DISTRICT, "A-2" APARTMENT HOUSE DISTRICT TO "R -1B"
ONE FAMILY DWELLING DISTRICT, ALL ADDITIONS BEING SITUATED IN THE CITY OF CORPUS CHRISTI
NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE
AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Holt and Sample voting, "Aye"; Gill and Juarez, "absent".
Minutes
Regular Council Meeting
February 7, 1979
Page 14
noes: Possuo' •Ct I6" Digs' Holt W pJib1F AUCTUo' „yAs,. -,r1 •Jura in. • upmit“
p'' c"IR yor Lozano calhledgfor' petitionsLor-informatiorir from the audience 'on'r`7`'(
matters not scheduled on'theagenda? IY: CO3!Ll'LCI HEBEMI,LH. WU, DECI'VMIi4C VH ITIMF':C1'
•nnr.ra .HC 11 ..r.. BCL VPC 0•1,1M4 LKOA1dr0112 U'r. JJIH SXL, : 1: C''L IAVi4CE
" Mr.[Harold
'JIC AlbertsAttoiney;1618✓bolphin,ispoke- n'opposieion to (:It1, ' .
.„B-1„ .�I
16.12E DI: , • il' .,ii'
proposed, lease,for the statue proposed to -be located'in "'t'h'e Bay'. ' Mr:IJAlberts con-
tended that such a lease would be in violation of the City Charter which specifi-
tally prohibits a lease covering any portion of the property of the city embracing
a portion of the presently existing waters or submerged lands of Corpus Christi
Bay any right to erect or maintain on the property covered by such lease
any structure of building•with the'exception of yacht basins, restaurants, build-
ings for the housing of bay front concessions and uses permitted by the city zoning
ordinance in bay front use zoning district, boat slips, piers, dry docks, breakwater
and jetties. (Article VIII, Sec. 2.) Mr. Alberts expressed the opinion that a
tic ' pc, . •
statue would not be in-the''category allowedfor lease. He then referred to a legal
opinion handed down by a court'in Los Angeles which indicated that an arrangement
C.1 , '. Ei' _ Ci n LH 'L- t'M,.r.•I::I
of lights and blinds made to'foim'a'replica^of•a'cross at the'City Hall there wa42
I,. : I^l ''r ;7,,_10: 1; 1L_ MI./. Lt. ?E I'",aH r;) S "46Ofl 1 VAD ''). !-t r.:d.h IS'
in violation of church and state laws. Mr. Alberts assured the Council that if the
r lea:
proposed statue is installed on City property, litigation will result and urged
oia rocgJ,W" Cn11t11' D�'. Ho1� .a, 2`�ntc,le AufAua• Va.&
(i.r O VETO M3 3I r- 1." F ..T E, K. . . TV'. I Jrs 1"11"-'"
that the Council take no further action'in connection with the statue.
Mayor Pro Tem Gulley asked City Attorney Aycock to explain the portion of
<1.. Coe' o, : ., . 1k ., t E01111k1+4.3. .d) DD.P;r
Article VIh't", rSeetion 72; as quoted Eby Mr. Alberts:"'6Il" (;+I3 7 ' LrTL
',rdC`'`'-CitrAtoney Aycock replied that this section of the City Charter was not
mentioned during any of the hearings or presentationsepertaining to the statue and
*l , .�63. [Sf,t M, cndi F45.. • ....,{ ,11 3_01 c<1,1„ . "„4 14f 1i,
indicated that he was not sure that he agreed to the definition that the statue
7[; `uitil dVI;) IsE,d2.0lNi105 p, ;)rnr, u,, r"` +',. - .1 ):, Vr1 l;•1tb1..lCI•
,rte., r., ..,?.r.r:r.C•a c Tutt r,,... Tina.e... �.,., -' ;r Z p ^' *nr
would be'a•'building or ` structure, but tead might be 'considered ari�ornamentatibn.
:W3-1.1-1 ° COEh[t6 Ci1[SI211 .4.:.2EDN' CUHbi E'S1C.H OF EXH1BL. :bVC. i-:" .LPH HOB:H MIa' LOB
He' explained h-a-ttinms may'be''•in's gilled"'in[the bay front; 'thatliMr'K(A�Sberrtsl
is contending thato(the base with the statue would be either a structure or a build-
�n'6• r..��.e..ra r,r3+r] a > TSr .,"..i 'x['+h an " ' r.r , Trir e a c' 'r'rV
ing, which `is prohibited'gif' it`' is not' listed' as Fari exception �in this' section referred
y;T6 cpiLf61 b, ,E, Mn _ qcg su1 t;' 1,0).6, tv.,rr.'..• rpu coJJorruL'
to.
bICOAIDIHC EON 2EAEEVBIPILK! VHD DECrVISINC VN ENEISWJELICJ •
COBOY.VD.Myo'IPro"- TogQGullgyy Iitnc{i irrne ' if a`Fstatue coulcntie01 nter`pretet'PasAre`iiig in XV2
POI SI VYID V 2-E00I MIDE nd..IrIii EV2ENENS VrOWl IHE 20111HEV2I TIME Oh POI 12' BI'OCK S'
000Pay: etware vera "egoTi'i:es V 2 -LOOS MIDE nhIPLLX EVHFLF:N1 VrOHC; IHE ✓0SIIIME2S PINE OE
OiSDILIV•`lr'CiiVmanage'r. Townsend noted that there could be a difference in interpreta-
tion if the statue is located on top of the seawall as opposed to a separate base
and statue being erected in the bay front.
bsB6 13
EspinsiX 1' 7313
Kr;o^Tsz Council *y1ee -,
Minutes
Regular Council Meeting
February 7, 1979
Page 15
Council Member Holt asked Mr. Alberts if he planned to file a lawsuit on
the grounds mentioned or on some other grounds if the statue is installed.
Mr. Alberts agreed that he would instigate litigation if the statue is
installed on public property.
Council Member Diaz stated that the Council is considering this lease for
the purpose of installing the statue because most of the citizens seem to desire
it to commemorate the City.
Speaking in opposition to the proposed lease for the statue was Mr. Jim
Ritchey. Mr. Ritchey stated that although he is not Jewish, he believes that
graven images should not be created and stated that he objects to a religious
symbol being installed on public property.
No one else spoke in regard to this matter.
City Manager Townsend informed the Council of several meetings he would
like to attend in the next two weeks and obtained their approval.
City Secretary Read stated that he would like to attend a City Secretaries'
Seminar to be conducted in McAllen, Texas on February 15 and 16. The Council indi—
cated their concurrence with Mr. Read's request also.
There being no further business to come before the Council, on motion by
Holt, seconded by Sample, and passed unanimously, the Regular Council Meeting was
adjourned at 4:30 p.m., February 7, 1979.
I GABE LOZANO, SR., Mayor of the City of Corpus Christi, Texas
certify that the foregoing minutes, same being for the period
of February 7, 1979 through February 28, 1979, inclusive, 'and
having been previously approved by Council Action, are by
me hereby approved as itemized.
0
2/07/79 - Regular Meeting
2/14/79 - Regular Meeting
2/14/79 - Special Meeting
2/21/79 - Regular Meeting
2/21/79 - Special Meeting
2/28/79 - Regular Meeting
2/28/79 - Special Meeting
GAB LOZANO, !.'., yor
Citof Corpus isti, Texas'
00914%
o 0*