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HomeMy WebLinkAboutMinutes City Council - 08/08/1979PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 8, 1979 2:00 P.M. Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. The Invocation was given by Father Michael Howell, Assistant Chancellor, Blessed Sacrament Church. 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 Jones then recognized a friend of his who was present in the audience, Mr. J. K. Moore, and stated that Mr. Moore had contributed a great deal to this City in construction. Mayor Jones announced that the following proclamation had been issued from his office: "WOMEN'S WEEK" - August 6-10, 1979. Motion by Sample that the minutes of the Regular Council Meeting of July 11, 1979 be approved as presented; seconded by Zarsky; and passed unanimously. Mayor Jones then announced a presentation by a representative of the Traffic Safety Advisory Board. Mr. Al Herrera, Chairman of the Traffic Safety Advisory Board, addressed the Council and presented a recommendation to the Council from the Board designed to improve the Driving While Intoxicated situation which has reached epidemic pro- portions in this City. Mr. Herrera read from a prepared statement in which they recommended the use of an Audio -Visual System to facilitate court proceedings. He explained that the system consists of a video tape camera, monitor, playback recorder, blank tapes and other accessories and supplies, all of which would consist of a one-time investment of approximately $9,000. Mr. Herrera informed the Council • MICROFILI4EB SEP 0 41980 Minutes Regular Council Meeting August 8, 1979 Page 2 that Police Chief Bill Banner is in the process of attempting to obtain funding from the Texas Office of Traffic Safety as part of the ongoing S.T.E.P. Program. Also speaking in regard to this matter was another TSAB member, Ms. Sally C. Madalin. Ms. Madalin agreed with the suggestions made by Mr. Herrera and expressed the opinion that the Audio -Visual System would provide a needed tool to enforce the DWI laws. City Manager R. Marvin Townsend informed the Council that this equipment was not included in the Police Department budget, but the staff is attempting to obtain funding from the State grant or provide funds from some other source. Mayor Jones stated that he would like to have a staff report on this matter in six weeks and expressed appreciation to Ms. Madalin and Mr. Herrera for serving on the Traffic Safety Advisory Board. Mayor Jones called for the consideration of appointments to Boards and Commissions. He reviewed the nominees discussed during the Workshop Meeting. In addition to the nominations as outlined by Mayor Jones, City Manager submitted the name of Mr. Henry Nuss for reappointment to the Civil Service Board and Commission. Motion by Zarsky, seconded by Diaz, and passed unanimously, that the follow- ing appointments be confirmed: Human Relations Commission: Term to Expire (Appointed by Mayor with Council's approval) Mr. Emmanuel Cortez (youth) - Reappointment 6-14-80 Mr. Ruben Salone (youth) - Reappointment 6-14-80 Municipal Industrial Commission: (Nominated by the Mayor with Council's approval) Mr. Melvin Klein 1-26-80 Solicitations Commission: Mr. John Kasper 7-10-82 Nueces County Community Action Board: Ms. Yolette Garcia (CCISD appointment) Minutes Regular Council Meeting August 8, 1979 Page 3 Planning Commission: Term to Expire Mr. Ernest Wranosky (Reappointment) Ms. Rosa Gonzales (Reappointment) Mr. Jim Howry Marina Board: Mr. Hank Snyder Civil Service Board & Commission: (Appointed by the City Manager, confirmed by Council) Mr. Henry Nuss (Reappointment) Substitute Judges for Municipal Court: Mr. 0. E. Cannon Mr. Charles W. Cromwell Mr. Celso Rodriguez Mr. James E. Klager 7-31-82 7-31-82 7-31-82 2-28-81 6-15-82 Park Board: Dr. Bill Colson 8-23-81 City Manager Townsend noted that Dr. Colson was appointed to complete the unexpired term on the Park Board until August 22, 1979 and also for the new term which expires on August 23, 1981. Mayor Jones announced the bid opening on the following engineering project: H.E.B. Park and Tennis Center expansion. Improvements include construction of 8 lighted tennis courts, 3 parking lots, realignment of Shely Street including construction of sidewalks in Shely Street from Churchill to Ayers, shuffleboard court, volleyball court, and necessary utility and storm sewer work. This project, with the exception of the Shely Street portion is partially funded by the Heritage Conservation and Recreation Service of the Department of the Interior. The Shely Street portion will be a street bond project. The improvements were included in the 1977 Bond Election. Mr. James K. Lontos, Director of Engineering and Physical Development, opened and read bids from the following companies: Casey & Glass, Inc.; Asphalt Concrete Paving Company; and APCCO, all of Corpus Christi. He verified that the required bid bond had been submitted with each of the bids. Mayor Jones noted that the apparent low bidder was APCCO but stated 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. Minutes Regular Council Meeting August 8, 1979 ,,Page 4 Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation and recommended that: a. Annual supply contracts be awarded as follows: (1) 29,395 black and galvanized malleable fittings to NORVELL WILDER SUPPLY COMPANY, Corpus Christi, on the basis of low bid of $16,487.01. Bids were received from 4 firms. Price comparison indicates an increase of 9%. Prices are subject to fluctuation. Water Meter Repair Parts to the following firms on the basis of low bid: (2) (3) MUESCO, INC., Houston Lot I - Artic - Tropic Rockwell Meter Parts (46 Items) $ 21,949.75 Lot V - Badger Meter Parts (24 Items) 1,504.50 TOTAL $ 23,454.25 ROCKWELL INTERNATIONAL, Houston Lot II - Rockwell Meter Parts (42 Items) 8.906.31 Lot IV - Rockwell Single Dial Compound Meters (10 Items) 4,518.00 TOTAL $ 13,424.31 GAMON - CALMET, Covington, Kentucky Lot III - Calmet Magnetic Meter Parts (83 Items) 9,791.30 BADGER METER, INC., Milwaukee, Wisc. Lot VI - Badger Meter Parts (7 Items) 1,195.00 CARLON METER COMPANY, Grand Haven, Mich. Lot VII - Carlon Seal Register Parts (54 Items) 4,666.05 HERSEY PRODUCTS, INC., Dedham, Mass Lot VIII - Hersey American Register Parts (12 Items) 1,325.95 NEPTUNE METER COMPANY, Dallas, Texas Lot IX - Trident 1i" and 2" Meter Parts (123 Items) 22,784.20 GRAND TOTAL $ 76,641.06 Price comparison indicates an increase of 19%. Bids were received from six firms. Prices are subject to fluctuation on Lots VI and VIII. Electrical supplies to the following firms on the basis of low bid: WESTINGHOUSE ELECTRIC SUPPLY, Corpus Christi Lot I (22 Items) Airport Runway & Taxiway Lot III - (49 Items) Wire TOTAL $ 5,145.64 5,674.20 $ 10,819.84 Minutes Regular Council Meeting August 8, 1979 Page 5 FLATO ELECTRIC SUPPLY, Corpus Christi Lot II (189 Items) Electrical Fittings & Supplies $ 7,820.02 Lot IV (16 Items) Electrical Hardware 538.35 Lot V (6 Items) Tape 1,184.10 TOTAL $ 9,542.97 GRAND TOTAL --- $ 20,362.81 Bids were received from 3 firms. Price comparison shows an increase of 5.3%• Prices are subject to fluctuation on Lots I and Il. (4) Gas Regulators to the following firms on the basis of low bid meeting specifications: (5) (6) ROCKWELL INTERNATIONAL, Houston Item I - 1,600 1" House Type Gas Regulators Item 2 - 36 14" Gas Service Regulators Item 4 - 25 1" High Pressure Field Gas Service Regulators $16,080.00 1,544.80 619.50 TOTAL $18,294.30 SPRAGUE METER DIVISION, Bridgeport, Conn. Item 3 - 24 2" Large Capacity Gas Service Regulators 1,566.00 SINGER - AMERICAN METER DIVISION, Garland, Texas Item 5 - 25 2" High Pressure Field Gas Service Regulators $ 4,050.00, GRAND TOTAL ---- $23,910.00, Price comparison indicates an increase of 8.5%• Bids were received from five firms. The apparent low bid of $383.13 by National Meter Parts, Lancaster, Ohio on Item 2 did not meet capacity requirements. The apparent low bid of $929.88 by Puffer Sweiven, Inc., Corpus Christi, on the same item did not meet capacity specifications and the regulator body was not galvanized. The apparent low bid of $1,224 by Rockwell International on Item 3 was for a regulator with a 8" diaphram case not 12" as specified. Prices are firm except for Item 5 which is subject to fluctuation after January 1. 129 items of Plastic Pipe and Fittings to CROSS B COMPANY, San Antonio, on the basis of low bid of $15,593.60. Bids were received from 4 firms. Price comparison indicates an increase of 11%. Prices are subject to fluctuation. Black and Galvanized Pipe to the following firms on the basis of low bid: PHOENIX SUPPLY COMPANY, Corpus Christi Lot I - (14 Items) Black & Galvanized Pipe 6,024 ft. various sizes $ 6,227.85 SOUTHWESTERN PIPE, INC., Houston Lot II (3 Items) 2" Galvanized Steel Tubing $17,070.00 Bids were received from 3 firms. Price comparison on Lot I shows an increase of 14%. On Lot II, the alternate bid of Southwestern Pipe is recommended over the low bid $18,491.24 by Phoenix Supply. This is a lighter weight pipe and will perform as well as the more expensive pipe for traffic sign posts. Minutes Regular Council Meeting August 8, 1979 Page 6 (7) Hand and Garden Tools to the following firms on the basis of low bid: NORVELL-WILDER SUPPLY CO., Corpus Christi Lot 1 (16 Items) Air Hose Accessories Lot III (94 Items) Miscellaneous Hardware Items Lot IV (67 Items) Pipe & Tube Cutters & Accessories Lot V (13 Items) Dies for Pipe Threaders Lot VI (11 items) Pipe Wrenches & Pipe Vice Lot VII (27 Items) Hammers, Axes & Handles Lot VIII (6 Items) Flashlights Lot X (10 Items) Pliers Lot XI (21 Items) Rules, Tapes & Accessories Lot XII (168 Items) Wrenches, Ratchets & Sockets Lot XIV (1 Item) Trench Jacks Lot XVIII (1 Item) Padlocks STONE COMPANY, Corpus Christi Lot II (3 Items) Load Binders Lot XX (1 Item) Saw Blades TOTAL TOTAL $ 460.89 4,846.32 2,700.07 1,631.39 2,773.04 3,887.53 3,590.82 1,189.18 2,923.82 5,613.62 1,164.24 3,107.47 $33,888.39 $ 344.51 369.60 BRIGGS -WEAVER, Corpus Christi Lot IX (18 Items) Shovels, Rakes, Scoops $ 6,980.45 Lot XV (3 Items) Hedge & Pruning Shears 567.42 Lot XVI (30 Items) Ladders, Wheelbarrows & Saws 4,435.58 TOTAL $11,983.45 GUNDERLAND MARINE, Corpus Christi Lot XVII (4 Items) Master Padlocks Lot XIX (1 Item) Padlocks TOTAL $ 1,842.12 2,736.00 $ 4,578.12 GRAND TOTAL ---- $51,164.07 No bids were received on Lot XIII covering 2 items of moil points and paving breakers. It is recommended that these items be purchased on as needed basis on the open market. Bids were received from 10 firms. Price comparison shows an increase of approximately 5%. b. An agreement be approved with the State Department of Highways and Public Transportation for operation and maintenance of the flashing signal beacons at the four-way stop at Saratoga Boulevard and Staples Street. The State Highway Department installed these control devices in 1977. The agreement will turn maintenance and operation over to the City. When the signals were installed, the intersection was outside of the City limits. c. An agreement be approved with the developer of Harbor Village Subdivision for the City to pay half the cost of street improvements around the dedicated park in the subdivision as provided for in the platting ordinance and $12,882 be appropriated to cover the cost, including engineering. The subdivision is located between Padre Island Drive and the Oso, west of South Bay Addition. Minutes Regular Council Meeting August 8, 1979 Page 7 d. An agreement be approved with Woodland Creek Developers to pay $7,710.77 for oversizing a sanitary sewer line through Woodland Creek Unit 111, from 12" required for the development to 18" required by the Master Plan. The sub- division is located south of Highway 9 west of Violet Road and east of Western Hills subdivision. e. The collective bargaining contract with the Corpus Christi Police Association be approved. The contract includes: a salary increase of 8.17%; reduction in the accrual rate of sick leave days from 15 to 12 days per year per officer; establishment of a sick leave pool for extended illnesses; reduction in sick days paid upon termination for officers with less than 10 years and an increase from 90 to 180 days for those officers with more than 25 years of service; an increase in longevity pay from $4.00 to $6.00 for officers for the first 10 years of service; establishment of proficiency exams and an Oral Review Board for promotions automatic advancement of senior patrol officers to sergeants after successful completion of proficiency exams; establishment of an impasse procedure including mediation, factfinding and a referendum of the voters on the four main issues in dispute; and provision that the Police Association not take an active part in any political campaign for an elective position of the City. City Manager Townsend explained that Assistant City Manager Archie N. Walker, Police Chief Bill Banner, Personnel Director Chuck Speed and Mr. Jimmy Bray of the City's Legal Department have been involved in the discussions with the Police Asso- ciation in regard to the collective bargaining process; the present contract between the City and the Police Association continues until it is superseded by a new con- tract; this process has been carried out; and the contract has been ratified by the police officers. Mr. Townsend briefly summarized the items agreed upon by the City representatives and the representatives of the Police Association. He did state that it is not clear in his mind as to whether or not the referendum agreed upon would be binding on the City. Mayor Pro Tem Sample inquired as to who would be responsible for the costs incurred by such an election, and City Manager Townsend stated that the proposed contract provides that the City would pay for the cost of the election except for the printing of the ballot, which would be paid for by the Police Association at an estimated cost of $1,000. Mayor Pro Tem Sample continued by stating that it was his understanding that the Council had previously indicated that they were opposed to having the referendum included as a part of the contract and indicated that he did not feel that the City should bear the cost of such an election. City Manager Townsend explained that if any part of the contract is not acceptable to the City, the negotiation process would have to be reopened and Minutes Regular Council Meeting August 8, 1979 Page 8 the police officers would have to vote again on the contract. Mr. Townsend sug- gested that the Council determine whether or not the election should be included in the contract and that in the process of working out this contract, the staff does not feel that the primary issue should be who pays for the cost of the election, noting that the expense would be a minor cost in view of the other issues that would be involved. He also pointed out that it is doubtful that the Association would actually have the funds in their treasury and it would be difficult for them to agree to pay for such an election since they really have no source of funds. City Manager Townsend reiterated that he did not think that the election process would be binding on the City, but the Legal Department does feel that it would be. City Manager Townsend pointed out that if the two parties were only approximately $50,000 apart on agreeing to some issue, neither party would want to go to the election procedure to settle the issue but would attempt to work out their differ- ences amicably in order to save the expense of an election. Mayor Jones stated that he is in favor of approving this contract and that he feels that it is reasonable; there may be an element of concern about the election procedure; but the City has gained some favorable items in that the sick leave pool is an excellent idea in that such a plan will provide a safeguard of unnecessary sick leave; the wage increase is reasonable; and the fact that the Police Association has agreed to not take an active part in any political cam- paign for an elective position of the City is another advantage to the City. Council Member Zarsky expressed concern about the election agreement because this bargaining association may not be the only agency that the City will have to bargain with. He pointed out that If this same referendum agreement is approved, there is a possibility that the firefighters, and possibly other City employees, will want the same consideration in the future, and this could mean several elections confronting the City. City Manager Townsend reminded the Council that the only way the other City employees can obtain collective bargaining rights is through approval of State legislation. He also pointed out that according to the State Statutes, elections may be held only four times each year; collective bargaining negotiations Minutes Regular Council Meeting August 8, 1979 Page 9 are only conducted once a year prior to August; therefore, the number of similar elections of this nature would be very limited. Council Member Zarsky expressed the opinion that the City would not desire to have more than one election a year to resolve an impasse and suggested that the election procedure for the Police Association also be included in the contract with the firefighters if the same solution to an impasse is recommended. Assistant City Manager Walker stated that there is no way to tie the fire- fighters' contract to the police contract and explained that he could not assure the Council that the firefighter contract would be modeled on this contract. Council Member Best stated that he will vote against this contract because of the election procedure included in it, noting that he felt that the Council should be able to work out a fair solution in some other way. Dr. Best expressed concern about the election procedure because of the low voter turnout that the City often experiences, pointing out that it is conceivable that the police officers could request a very large salary increase, and when the referendum is presented to the voters, it could be approved because of voter apathy. Dr. Best also expressed the opinion that the legislature could decide at any time that other City employees are entitled to collective bargaining procedures. Council Member Turner stated that she would support the contract except for the referendum agreement because the inclusion of this would take away from the Council the right to make the decision in regard to the collective bargaining procedure. Council Member Dumphy also expressed the opinion that the election procedure should not be included as a part of the contract; the procedure is included in order to be used; and if it is available to the Police Association, it will be used. He suggested that this portion of the contract be reconsidered to see if another solu- tion can be devised. Dr. Best pointed out that only 10,000 people voted in the election to approve collective bargaining for the police officers and firemen, which would indicate that very little interest would be generated in such an election, making it very easy for the Police Association to get some issue approved. Minutes Regular Council Meeting August 8, 1979 Page 10 Council Member Diaz also pointed out that if such a referendum is conducted and if it fails, nothing will really have been accomplished, and the City would have to pay the expenses of an unnecessary election in the amount of approximately $20,000. Assistant City Manager Walker explained that the City would have an alter- native to offer the voters on the same ballot; it would not be a "yes" or "no" type of proposition; and one of the alternatives would be approved, Mr. Walker also pointed out that the possibility that the City would have to go to the election procedure is rather remote and expressed the opinion that most of the time, the negotiating teams would be able to solve the issues at the bargaining table. Further discussion followed, and City Manager Townsend stated that the contract being considered is the best contract that the City's negotiating team was able to obtain. Mayor Jones and Council Member Diaz stated that they will vote to approve this item on the City Manager's Reports, and Mayor Pro Tem Sample and Council Members Best, Dumphy, Turner and Zarsky indicated that they will vote against approval. f. An application for a supplemental grant of $35,000 be authorized resolving 60 Equal Employment Opportunity charges prior to October 31, 1979. These funds are in addition to the agency improvement grant of $40,000 which expires October 31, 1979. Temporary employment of an Administrative Assistant, and a Senior Clerk Stenographer will be required to meet these goals. All will be reimbursed by the grant. Presently, there are 44 charges pending. An anticipated 43 additional charges will be filed with Human Relations prior to October 31, 1979. An agreement be authorized with Total Design Four ($23,000) for consulting services for planning improvements to the Transit maintenance and administra- tion facility•5ervices include program development, environmental assessment and development of preliminary design as required for a capital grant application to the Urban Mass Transportation Administration. Proposals were received from six firms. Authority was given by the City Council on July 18, 1979 to negotiate a contract with this firm. They will be assisted by Parsons, Brinkerhoff, Quade and Douglas, Inc. of Dallas who have completed transit facility improvement studies in Atlanta, Boston, Fort Worth and Dallas. The cost is included in the 1978-79 transit planning grant. g• h. A grant application be submitted to the Governor's Office of Traffic Safety for $116,284 to continue from October 1, 1979 to September 30, 1980 the Selective Traffic Enforcement Program aimed at reducing accidents. Under the grant, seven officers will be paid up to four hours of overtime per day, five days per week, to provide traffic enforcement in high accident areas. The grant also provides clerical support. This will be the third year of the program. No local funds are required. Minutes Regular Council Meeting August 8, 1979 Page 11 Mayor Jones called for comments on the City Manager's Reports. There was no response. Motion by Sample that the City Manager's Reports, Items "a" thru "h," be accepted; seconded by Zarsky; and passed by the following vote: Mayor Jones and Council Member Diaz voting "Aye" on all of the items; Mayor Pro Tem Sample anal Council Members Best, Dumphy, Turner and Zarsky voting "Aye" on all of the items with the exception of Item "e" on which they voted "No." City Secretary Read stated that all of the City Manager's Reports had passed, with the exception of Item "e", which failed to pass, having received five negative votes. * * * * * * * * * * * * * * City Manager Townsend presented for the Council's consideration the follow- ing Motion to Amend: Amend the ordinance passed on two readings establishing regulations for the display of firearms at gun collection shows in the Coliseum and Exposition Hall as follows: Require all cartridge firearms to have a visible, approved device attached rendering the firearms inoperable instead of requiring each firearm to have the shell chamber visible for inspection at all times or a device attached rendering it inoperable. (b) Exception be made to the above requirement for firearms displayed in an awards competition area with controlled access. (c) The Coliseum Manager be authorized to incorporate additional safety rules and regulations by addendum to the lease. Motion by Diaz that the motion to effect the changes outlined above be (a) approved, seconded by Sample, and passed unanimously. City Manager Townsend also explained that there is a need to amend the ordinances listed as "c" and "d" pertaining to the Airport leases with Chaparral Aviation, Inc. and with Charles N. Rayburn, both of which are on the agenda for third reading. Mr. Townsend further stated that the contracts are basically the same, but the proposed motions to amend are just to clarify and correct the two leases. He did state also that there is some unfinished business in regard to taxes and fuel flowage fees that have not been paid in connection with the leases and assured the Council that he will not sign the leases until the matters are Minutes Regular Council Meeting August 8, 1979 Page 12 resolved. Motion by Best, seconded by Turner, and passed unanimously that the ordinances authorizing the City Manager to execute a modification of lease agreement with Corpus Christi Bank and Trust Company, Trustee, the Small Business Administration, and Chaparral Aviation, Inc., covering commercial hangars and fixed base aviation lease plots at International Airport, and the assignment of lease agreement from Corpus Christi Bank and Trust Company to Charles N. Rayburn, both be amended prior to third reading. (Copies of the motions to amend are attached to the ordinances.) Motion by Best that the Meeting be recessed at 3:20 p.m. for 10 minutes, seconded by Turner, and passed unanimously. Mayor Jones reconvened the meeting at 3:30 p.m. and stated that the next order of business was to conduct public hearings on four• zoning applications. City Manager Townsend announced the public hearing on Application No. 679-9, Ms. Angie Saenz, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 20 and 21, Block 2, Stonegate South Unit I, located at the southwest corner of Everhart Road and Bonner Drive. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial of this request and that in response to the notices of the public hearing, four in opposition and three in favor had been returned. He then requested that Mr. Larry Wenger, Chief Planner, summarize the case. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, and showed slides of the area. Mr. Wenger stated that both of the lots are vacant at this time and the applicant plans the construction of a single -story professional office building on the land. Council Member Dumphy asked Mr. Wenger to identify the property of the owners who are opposed to this change of zoning. Mr. Wenger stated that the property owners behind the subject property and one property owner on Bonner Street are opposed to the change of zoning. Minutes Regular Council Meeting August 8, 1979 Page 13 Speaking on behalf of the applicant was Mr. Charles Cartwright, Attorney, who explained the history of the property since it was purchased in 1969. He noted that at that time deed restrictions existed in this subdivision, as well as the subdivision across the street. Mr. Cartwright pointed out that this property is no longer suitable for residential development because of the greatly increased traffic generated by the activity in the shopping center across the street. Mr. Cartwright explained to the Council that the zoning and the deed restrictions were changed when the shopping center was installed and that a waiver has been filed to lift the deed restrictions on this property. He elucidated by stating that the architectural committee had filed the waiver and the original subdivider was the one who could waive the deed restructions. Mr. Cartwright informed the Council that some of the property owners expressing opposition to this change of zoning had signed the request to waive the deed restrictions that existed on she land across the street on which the shopping center is located. Mr. Cartwright displayed before the Council a drawing of the proposed building, pointing out that the applicant proposes to have a building constructed that will contain four offices, including her real estate office, and the building will be of a residential type design. Mr. Cartwright then called to the Council's attention a petition which contained 59 signatures of property owners indicating that they have no objection to the change of zoning. City Manager Townsend indicated that there is a problem connected with this application in that the most recently received letters expressing opposition invoke the 20% rule, and some of the property owners who sent in the letters are the same people who signed the petition referred to by Mr. Cartwright. Council Member Turner inquired of Mr. Cartwright if a special permit for a professional office building were approved, would they forego the signs usually located on business property. Mr. Cartwright assured her that they would be glad to erect only signs on the face of the building. Speaking in opposition to the application was Mr. Jack Shelton, who stated that he was opposed to the application because of the increased traffic that would be generated, pointing out that parking is already a problem in the neighborhood. Minutes Regular Council Meeting August 8, 1979 Page 14 Speaking in favor of the moning request was Mr. Ricardo Gonzalez, 4514 Marie Street, who stated that the character of the neighborhood had changed a great deal since Ms. Saenz purchased this property, and her lots are no longer suitable for residential development. Mr. Oscar Garcia, 4709 Bonner Drive, expressed his opposition to this change of zoning and stated that the deed restrictions in the subdivision were designed to continue for ten years and could not be waived without the agreement of a majority of the property owners within the subdivision. Mr. Cleve Allen, 5710 Crestland, spoke on behalf of his father, Mr. Forrest Allen, a Realtor, and expressed his father's approval of the request for change of zoning. Mrs. James Jennings, 4713 Bonner, stated that she resides adjacent to these two lots and that she is in favor of the "AB" zoning rather than business zoning, indicating that she has no objection to the type of building the applicant plans to construct. Mr. James Jennings also spoke in favor of the application. Mr. Ernest Garza, speaking on behalf of Mr. and Mrs. Wayne Lord, 4818 Bonner, read a letter from them expressing their approval of the requested change of zoning. . Mr. Walter L. West, 4602 Coventry Lane, stated that he is in favor of the change of zoning because there are already business firms located in the vicinity and the professional office building would be preferable to another business firm. Mrs. Frances Timlin, 4646 Bonner Drive, informed the Council that she is opposed to this change of zoning. Mr. Dave Porterfield, 4627 Bonner Drive, stated that he had purchased his home two years ago with the understanding that the neighborhood has deed restrictions. Mr. Porterfield pointed out that Ms. Saenz had purchased this property in 1969 and had had ample time to construct a residence if those were her intentions at the time she purchased it. Mr. Bill Campbell stated that he has an insurance agency and intends to lease office space from Ms. Saenz if the change of zoning is approved. Minutes Regular Council Meeting August 8, 1979 Page 15 Speaking in opposition to the application was Mr. Carl Clayton, 4701 Bonner Drive, who stated that he is definitely opposed to the requested zoning and that he also was under the impression that the deed restrictions would limit the develop- ment in the subdivision to single-family dwellings. Mr. John L. Scogin, 4705 Bonner Drive, informed the Council that he is opposed to the zoning application because a traffic problem already exists in the neighborhood, and four additional offices will just increase the problem. He also questioned whether or not these two lots would have enough space to provide off- street parking for the offices to be located there. Dr. Joseph Rupp, 4509 Coventry, expressed opposition to the application, pointing out that the Planning Commission and the Planning Staff both recommend denial; the deed restrictions on the property are inviolate; there are not enough parking spaces to serve four offices; and if the Council approves this zoning, the City will become a party to any lawsuit that may ensue. Dr. Rupp expressed the opinion that the lots would certainly be suitable for residences because a lot of people do not object to living in close proximity to a shopping center because of the convenience, particularly in view of the current gasoline shortage. He urged the Council to deny this request because approval would increase the traffic congestion and change the character of the neighborhood. Mr. Charles Timlin also expressed opposition to the change of zoning, as did Ms. Diane Oreilly, 4650 Bonner Drive. Mr. Francisco Rodriguez spoke in favor of approving Ms. Saenz' request or the approval of a special permit limited to the one-story office building as proposed by the applicant. No one else spoke in regard to this matter. Motion by Sample that the hearing be closed, seconded by Diaz and passed unanimously. Council Member Turner disqualified herself from voting on this zoning application since she is a co-owner of property in the immediate area. Motion by Sample that the Council deny the request for "AB" zoning, but in lieu thereof, approve a special permit subject to an approved site plan; Minutes Regular Council Meeting August 8, 1979 Page 16 seconded by Diaz; and passed by the following vote: Jones, Sample, Best, Diaz, Dumphy and Zarsky voting "Aye"; Turner, abstaining. City Manager Townsend announced the public hearing on Application No. 679-3, Brand Construction Co., Inc., for a change of zoning from "R-2" Multiple Dwelling District and "A-2" Apartment House District to "B-4" General Business Dis- trict on a portion of land out of Lots 3 and 4, Oso Farm Tracts, located on the southeast corner of Corona Drive and Flynn Parkway. City Manager Townsend called to the Council's attention that the Planning Commission recommends denial but in lieu thereof a special permit be approved for uses permitted in the "B-1" Neighborhood Business District on that portion zoned "A-2" and that office uses permitted in "AB" be approved for that portion zoned "R-2" with a height limitation of one story and low profile lighting directed away from adjacent residences and that the standard screening fence requirement be waived along the south property line. He also stated that the Planning Staff recommends denial on the basis that the existing apartment zoning serves as a buffer between the existing "B-4" zoning across Corona Drive and the residential area to the south. Mr. Townsend informed the Council that in response to the notices of the public hearing, three in favor and three in opposition had been returned; however, Mr. Daniel Coget, 4410 Stonegate Way, who had submitted opposition in writing, has since written a letter withdrawing his opposition. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the applicant plans the construction of 28 office -type condominiums. Council Member Zarsky inquired if the applicant will be required to pay for a part of the street in the area. Mr. Wenger replied that the applicant will have to pay for one-half of the street and the City will pay for one-half of the street adjacent to the park. Speaking on behalf of the applicant was Mr. Johnny Cotten, architect for the project, who briefly described the proposed development of the office condo- miniums. He stated that this property has been before the Planning Commission Minutes Regular Council Meeting August 8, 1979 Page 17 for rezoning several times and they feel that this plan offers the best use of the land. Council Member Zarsky inquired if the applicant has made any comparison study on the density for parking between "A-2" and "R-2" zoning and for "B-1" zoning. Mr. Cotten stated that the parking requirements are approximately the same. Council Member Best inquired if the applicant would be agreeable to the Planning Commission's recommendation for a special permit, and Mr. Cotten replied that they could adjust to the stipulations of such a special permit. City Manager Townsend noted that the site plan specifies one or two stories for the office buildings and asked Mr. Cotten if the plans will be limited to that. Mr. Cotten agreed that this would be limited to that. Speaking on behalf of Mr. Robert E. Johns was Mr. Louis Prouse, who stated that they are in favor of this application. No one else spoke in regard to this application. Motion by Zarsky that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Best that the request for "B-4" zoning on Application No. 679-3 be denied, but in lieu thereof, that the Council concur with the Planning Commission and approve a special permit with the limitations as outlined by the Commission in their recommendation; seconded by Sample; and passed unanimously. t t* t* t**** t t t City Manager Townsend announced the public hearing on Application No. 779-2, Mr. Jose R. Leal, for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1, Block 6, San Diego Addition, located on the southeast corner of Guadalupe and Niagara Streets. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Chief Planner Wenger briefly summarized this zoning application. No one spoke in regard to this request. Minutes Regular Council Meeting August 8, 1979 Page 18 Motion by Diaz that the hearing be closed, seconded by Turner and passed unanimously. Motion by Dumphy that the Council concur with the recommendation of the Planning Commission and approve the zoning of "B-1" for Application No. 779-2; seconded by Diaz; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 779-3E, Nueces County Medical Soceity and Mr. James C. Avant, for an exception to the Standard Screening Fence Requirement along the south property line of Lot 1 and the west 30 feet of Lot 2, Block C, Lexington Plaza, and Lot 5, Padre Business Park, located at the southeast corner of South Padre Island Drive and Wilkinson Drive. Mr. Townsend noted that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, four in favor and one in opposition were returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area and pointed out that there are some fences located adjacent to this property which were erected by the property owners of the residences. Council Member Zarsky asked about the procedure if any of these existing fences are blown down or removed and inquired as to whether or not the applicant would be required to replace them. Mr. Wenger replied that the applicant would not if this exception is approved. Mr. Zarsky inquired if it would be possible to require that the applicant replace any fences that are eliminated from the area as a condition of waiving the screening fence requirement. City Manager Townsend stated that he was not aware of the possibility and that the staff would have to research this question. Speaking on behalf of the applicant was Mr. Orby Roots, the architect - consultant to the Nueces County Blood Bank. He informed the Council that the Burroughs Corporation next to the subject property joined the applicant in this request. He pointed out that a new fence would have to be 562 feet long and would Minutes Regular Council Meeting August 8, 1979 Page 19 be redundant since fences are already located along this entire strip. He stated that they feel the additional fence is unnecessary, accomplishes no purpose, and might present a vandalism problem and would certainly present a maintenance problem if it is constructed. Speaking in favor of the request was Mr. Joe Holt, 429 Cape Lookout, who stated that he is one of the owners of the Burroughs Corporation. Mr. Holt also pointed out that a second fence, with just a few feet between it and the existing fences, would create a maintenance problem as well as invite vandalism. Council Member Best inquired of Mr. Holt if the applicant would agree to replace the fence if one of the existing fences is torn down. Mr. Holt stated that this might present a problem since the business owners would have to build the fence on their own property; they do not have the right to go onto an individual's property to build a fence; and it could not be properly tied on to adjacent fences. Discussion followed by the Council Members. Motion by Best that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and grant the exception to the standard screening fence requirement on Application No. 779-3E; seconded by Zarsky; and passed unanimously. Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances and stated that the ordinance adopting the contract with the Police Association would be removed from the agenda since the City Manager's recommendation on this item was not approved. Noting that a large number of citizens were present to speak in regard to Ordinance "g" which was the third reading of the ordinance pertaining to the lease of land on Sunfish Island for the installation of a statue commemorating the name of Corpus Christi, City Manager Townsend suggested that the Council consider the passage of all of the ordinances other than this one. Mayor Jones called for comments from the audience on all of the ordinances other than the one listed as Ordinance "g". Minutes Regular Council Meeting August 8, 1979 Page 20 Mr. Joe Holt referred to the resolution pertaining to the request to the Texas Legislature to submit to public referendum an amendment to the Texas Con- stitution to establish a separate classification of residential real estate to lower the property tax. Mr. Holt expressed concern about the necessity to replace these income dollars and asked if other taxes will be increased on per- sonal property or corporate taxes, indicating that if these taxes will be increased, he would be opposed to passage of the resolution. Mayor Jones assured Mr. Holt that'the resolution did not address this. City Manager Townsend stated that the resolution gives the impression that replacement taxes would come from other property other than residential property. Mr. Noe Jimenez spoke in regard to the ordinance pertaining to the establishment of a fare for van service for the senior citizens and the handi- capped. He stated that he is speaking for Mr. Blas Avila of the Nueces County Senior Citizens, Inc. and expressed the opposition of that organization to the proposed $.50 fare. Mayor Jones commented that this ordinance is the most misunderstood ordi- nance that has been considered by the Council during his tenure and asked City Manager Townsend to explain one more time the reason for the proposed fare. City Manager Townsend again explained that the fare is to be established for the van service to make it more equitable with the bus service, for which there is already a charge. He assured Mr. Jimenez that there will still be no charge for van service for the senior citizens going to meal sites, for Medicaid recipients, or people who are handicapped in such a manner that they would be unable to board a bus. Mrs. Elizabeth Price, 4309 Loma Alta, also expressed opposition to the proposed fare, pointing out that some senior citizens do not live on a bus route and would otherwise have no means of transportation. Mrs. Grace Carter spoke in regard to this same ordinance and stated that she felt that a $.25 fare would be an adequate charge fcr the van service. There were no further comments, and City Secretary Read polled the Council for their votes on all ordinances except "g". The following ordinances were passed: The minutes of August 8, 1979 are missing pages 2land 22. After further research, the original document and the microfilm are also missing these pages. Minutes Regular Council Meeting August 08, 1979 Page 23 ORDINANCE NO. 15049: AUTHORIZING THE CITY MANAGER TO EXECUTE AN ARCHITECTURAL AGREEMENT WITH TOTAL DESIGN FOUR FOR ARCHITECTURAL AND PLANNING WORK TO BE PERFORMED IN CONNECTION WITH IMPROVEMENTS TO THE TRANSIT MAINTENANCE AND ADMINISTRATION FACILITY, SAID AGREEMENT BEING SUBJECT TO APPROVAL FROM THE URBAN MASS TRANSPORTATION ADMINISTRATION, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPRO- PRIATING $23,000 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, ACTIVITY 4682, CODE 301 (UMTA TECHNICAL STUDIES); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15050: AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE GOVERNOR'S OFFICE OF TRAFFIC SAFETY FOR $116,284 TO CONTINUE FROM OCTOBER 1, 1979 TO SEPTEMBER 30, 1980, THE SELECTIVE TRAFFIC PROGRAM, A SUBSTANTIAL COPY OF SAID APPLICATION BEING ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE GRANT AND CONTINUE THE PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". RESOLUTION NO. 15051: REQUESTING THAT THE TEXAS LEGISLATURE SUBMIT TO PUBLIC REFERENDUM AN AMENDMENT TO THE TEXAS CONSTITUTION TO ESTABLISH A SEPARATE CLASSIFICATION OF RESIDENTIAL REAL ESTATE SO THAT SUCH PROPERTY COULD BE TAXES, AT THE DISCRETION OF THE TAXING JURIS- DICTION, AT A LOWER VALUE RATHER THAN AT AN INFLATION FUELED VALUE, AS LONG AS SUCH PROPERTY IS USED FOR RESIDENTIAL PURPOSES BY THE OWNER THEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15052: 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 BRAND CONSTRUCTION CO., INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR PROFESSIONAL OFFICES AND GENERAL BUSINESS USES ON A PORTION OF LAND OUT OF LOTS 3 AND 4 OSO FARM TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15053: 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 JOSE R. LEAL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 6, SAN DIEGO ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD 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 passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Minutes Regular Council Meeting August 08, 1979 Page 24 ORDINANCE NO. 15054: 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 6106, AS AMENDED, UPON APPLICATION OF NUECES CO. MEDICAL SOCIETY AND MR. JAMES C. AVANT FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT AT THE SOUTHEAST CORNER OF SOUTH PADRE ISLAND DRIVE AND WILKINSON DRIVE, BEING ALONG THE SOUTH BOUNDARY LINES OF LOT 1 AND THE WEST 30 FEET OF LOT 2, BLOCK C, LEXINGTON PLAZA, AND LOT 5, PADRE BUSINESS PARK, 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: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". * * * * * * * * * * * * * * * * Mayor Jones called for comments from the audience on the ordinance pertain- ing to the lease of land on Sunfish Island for the purpose of erecting a statue symbolizing the name of the City of Corpus Christi. He asked that citizens limit their remarks to two minutes. Mr. P. R. Ochoa, 1012 Leopard Street, representing Americans of Texas, Inc., spoke in opposition to the statue of Jesus Christ because it would definitely represent a particular religion and would not represent all of the people of the City. He also indicated that he felt that the location of the statue on public land would be challenged because of the law dealing with separation of church and state. Mr. W.A. Sky -Eagle, 1038 Meadowbrook, expressed opposition to the statue because it would offend a lot of people because it would be a religious statue on public land. Mr. Lon Hill, 206 Lorraine Drive, spoke in favor of the welcoming statue because he felt that it would be a major tourist attraction. Mrs. Grace Carter, 325 Claremore, stated that she is in favor of the statue and saw no reason why it should not be located on public land, pointing out that the Yacht Club is located on public land and there has been no objection to that. Speaking in opposition to the statue was Mrs. Barbara Lampert, 6801 Pharaoh, stating that she felt that the proposed statue would be a divisive fea- ture in this community. Minutes Regular Council Meeting August 8, 1979 Page 25 Also expressing an objection to the statue was Ms. Helen Wilk, 260 Cape Aron. Ms. Wilk stated that she felt that whether the statue is legal or illegal, constitutional or unconstitutional, Is immaterial, but the statue would divide the community and that is basically why she is opposed to it. Mr. Stephen Fisch stated that he is not opposed to a statue commemorating the name of our City, but he Is opposed to the placement of a religious figure on public land. Mr. Charles Duraln urged that the Council vote against the lease of land and suggested that an alternative site be purchased for the erection of the statue. Mr. Jack Solke, 501 Bermuda, expressed his agreement with those who had previously spoken in opposition to the placement of the statue on public lands and urged the Council not to approve the ordinance. Mr. Clifford Cosgrove, 3302 Olsen, stated that'he Is opposed to the place- ment of the statue on public property on religious grounds and expressed the opinion that such a statue of Jesus Christ would represent an Idol, which he feels is against the taaehings of the Bibie,' Also exorcising opposition to the statue were Mrs. Shirley Hurwitz and Mr: AiVin Hurwitz, 325 Doddridge, both of 'whom felt that the. statue had become a diviefVe issue that had crested disharmony In the'City. Mr: Bill Edwards spoke In favor of the statue and pointed out that the Will of the vast mijorlty Was being disregarded In deference to a vocal minority who ars opposed to the statue. Mr, Edwards pointed out that the entire matter, 1s Just a lease of property for the display of an object of art which would be M bsautlfUl and great contrlbUtlon to the improvement of the.City. Hi urged approval of this lsase,of land, Mrs. Maggie Fitzgeraid, Chairman of the Municipal Arts Commission, reminded the CoUncll that this appointed Commission had expressed their approval of the acceptance and erection of the statue symbolizing the name of our City. Mrs. Ellzebeth Price expressed opposition to the location of the statue on public land and also objected to the expense of maintenance of the statue that would be required. Minutes Regular Council Meeting August 8, 1979 Page 26 Dr. Charles W. Kennedy, 120 Louisiana, spoke in favor of a statue of Christ to be erected in this City but asked the Council to vote "No" on the passage of the ordinance authorizing its installation on public land because it is a religious object. Dr. Kennedy also pointed out that because of the small size of the statue, it could not be seen very well. Mrs. Jane Harvey stated that she is definitely in favor of the statue and its location in the Bay, pointing out that it would be a beautiful piece of art that would benefit the entire City. Mr. James E. Tempesta, 646 Moray, expressed the opinion that the City of Corpus Christi would benefit from the installation of the statue and noted that statues of religious figures are located all over the world and are very attrac- tive to tourists. Mrs. Mercedes Eugenio, 6008 Ocean Drive, spoke in favor of the status and expressed the opinion that the ordinance concerning the lease of City property should not be considered to be a religious issue and consequently should not be a divisive issue in the community. Mrs. Eugenio reminded the Council that Dr. Sherman Coleman, who is an extremely talented, accomplished, and well-known sculptor, has offered to provide the City with a bronze statue to commemorate the name of the City of Corpus Christi, and it was never intended to have any religious significance. She pointed out that the Constitution of the United States allows prayers before the City Council; a stone tablet of the Ten Commandments is located in front of the Nueces County Courthouse; and there are other items that could be considered of a religious nature that no one questions. Mrs. Eugenio also pointed out that a great majority of the people of Corpus Christi support the passage of the ordinance today and suggested that the Council represent the people who elected them by approving the third reading of the ordinance leasing the land. Mr. William Hopkins spoke as a citizen of Corpus Christi and stated that he and many others had worked very hard to maintain harmony for the City of Corpus Christi and he felt that this statue would divide the community. Ms. Susan Hopkins, 257 Mitchell, urged that the Council vote against the ordinance because its location on public property would be in violation of the separation of church and state requirement. Ms. Hopkins expressed the opinion Minutes Regular Council Meeting August 8, 1979 Page 27 that the statue should be located on private property rather than public land. The Reverend Jack lzakson, 3360 Floyd, expressed opposition to the passage of the ordinance authorizing the erection of the statue on public property because of the possibility that legislative questions will arise. He stated that he felt that those who wish to donate the statue should compromise and find an acceptable site on private property for erection of the statue. Ms. Eileen Sellers, speaking on behalf of Ms. Margaret Ramage, spoke in favor of the statue and suggested that a plaque could be installed with the statue explaining that the figure is a symbol of the name of our City. Mrs. Carole Zanetti, 5226 St. Andrews, spoke in favor of the statue and read a letter of endorsement from Mr. Lee Govatos of the Nueces County Historical Society. Mr. John Pichenson, 2901 Ocean Drive, spoke in favor of the statue. Mr. Pichenson explained that he felt that Corpus Christi is a wonderful place to live; there is no anti-Semitism in this City; although he is Jewish, no one in this City had ever questioned his ancestry or religion; and summarized by stating that he is very much in favor of the statue because it would be an emblem to the City that bears the name of Christ. No one else spoke in regard to the matter. Mayor Jones expressed his admiration and respect for all of the Council Members and agreed that they were facing a difficult situation. Mayor Jones then gave the following statement to express his views: "The leasing of a portion of Sunfish Island, land which belongs to all of the citizens of Corpus Christi, to a non-profit group for the purpose of erecting a statue of Christ, places the Council in the position of taking an action which tends to favor one religious group and tends to alienate another religious group. There is no question in my mind that the pro- ponents of the statue want to create a work of art which would be a credit to all of the citizens of Corpus Christi and be a credit to the community. Inevitably, any statue of Christ, symbolically, will have a religious significance to some citizens and will be offensive to others. Corpus Christi does not need this type of divisive issue. Corpus Christi must move forward, united, to face other, more crucial issues. The heat of the emotion on either side of the statue issue promises years of emotional debate which, it seems to me, diverts our attention from the primary mission of government, which is to create those conditions under which all citizens can exercise to the fullest their right to life, liberty and pursuit of happiness. The only issue involved is the location of the statue on property owned by all of the citizens. A statue located on private property removes the contentious issue. Minutes Regular Council Meeting August 8, 1979 Page 28 "It has been suggested that the statue ought to be built because the majority of the citizens want it. This may or may not be true; however, many in this community can remember when many Mexican -Americans could not enter some restaurants in town, and if the issue had been submitted to the voters at that time, the majority would have preferred the status quo. The fact that the majority preferred the status quo did not make it right. Others can recall that within the last fifteen years, a black man or woman could not vote in many parts of the United States, when there's no doubt that if the issue had been submitted to vote, the majority would have favored maintaining the status quo. But that did not make it right. "I have listened to the arguments, pro and con, on this issue for better than 7 months.- It is my hope that the statue can be built on private property, and I am confident that if it is, it will be a work of art in which we can all be proud and for which I would be willing to devote time and effort. "In considering what I believe to be in the best interests of our City, I intend to vote against granting a lease of publicly owned land for the purpose of erecting a statue of Christ." Mayor Jones then invited other Council Members to comment on this matter. Council Member Best stated that he will vote against the ordinance because even though the proposed statue is a beautiful piece of art and even though Dr. Coleman has sculpted many beautiful and impressive works, he pointed out that there is no reason to have an 18 -foot statue located in the Bay which will be difficult for people to see; he feels that there will be a bulkhead problem in keeping the soil or the sand from washing away; he is of the impression that the location of the religious statue is in violation of the separation of church and state law; and reminded the Council that, as he had mentioned before, a group of property owners on Corpus Christi Beach have offered to sell some property located adjacent to the proposed public park and stated that he has a check in the amount of $500 to be contributed to a fund for the purchase of this property. Dr. Best summarized by stating that he is 100% in favor of the statue if it is located on private property. Speaking next on this matter was Council Member Diaz, who stated that he will vote in favor of the ordinance leasing the land on Sunfish Island. Mr. Diaz commended two of the speakers, Mr. Edwards and Mr. Tempesta, who made good points in favor of the statue. He stated that he does not feel that the proposed statue is a religious subject, but rather, is an historical figure. Council Member Diaz Minutes Regular Council Meeting August 8, 1979 Page 29 also pointed out that on many issues, there are differences of opinion, and if we learn to tolerate these differences, a stronger bond is formed. He expressed the feeling that if the Council votes not to lease this land for the purpose of erecting the statue, the issue will arise again because the same issue has been before various City Councils for years. Mr. Diaz stated that he felt the legality of the matter should be tested and resolved at this time. He summarized by stating that he will vote for the statue lease because its existence will improve Corpus Christi. Council Member Zarsky expressed the feeling that this Council is not afraid to make decisions and each one will vote as they think they should. Mr. Zarsky stated that he felt that the least amount of governmental interference that exists, the better off the people will be. He reminded the Council thatan opinion has been obtained from the Attorney General stating that, in his opinion, the statue in legal, with the condition that this opinion will be subject to the location and terms of the lease. Mr. Zarsky suggested that if this ordinance is approved on third reading, it should be passed on the condition that the Attorney General examines the lease. He summarized by stating that he will vote in favor of the ordinance, and he hopes that the way he votes will not have a bad effect on his relationship with others in the community. Council Member Turner stated that she would really like to see the develop- ment of Sunfish Island but not in a manner that would be objectionable to a large number of people. Mrs. Turner further stated that she would endorse the erection of the statue, but only on land that has been offered for sale on Corpus Christi Beach. Council Member Dumphy stated that he has been told that the Council vote on this issue will be influential on the members' political futures. He stated that he has been a member of a Christian church since he was a child; he believes in Jesus Christ, but he respects other religions. He referred to the anti-Semitism that exists in other parts of the country and stated that he will vote against the lease of land for the statue to be located on public property even though he would like to have the statue located in the City. He expressed the opinion that Minutes Regular Council Meeting August 8, 1979 Page 30 he hoped that the statue could be erected on privately owned land. Mayor Pro Tem Sample agreed that the Council had a difficult decision to make. He stated that he has nothing against any religion, but that he does not feel that this is a divisive issue because the statue has been proposed as a symbol of the name of our City which means the Body of Christ; there are other religious symbols on items such as our coins on which is written "In God we trust"; and postage stamps issued by the government frequently have religious figures on them. Mr. Sample stated that he is in favor of the statue and he regrets that his friends are opposed to it. He stated that the issue that bothers him the most is the fact that the ordinance is going to be turned down because of the prominence of the opposition. He stated that he will vote for the lease of the public land for the statue, and expressed the opinion that he wishes that there were other reasons for voting against the lease other than the promi- nence and power of those who have expressed opposition to the statue. There were no further comments on the matter, and Mayor Jones asked City Secretary Read to poll the Council for their votes: THIRD READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE CORPUS CHRISTI CULTURAL COUNCIL FOR FIVE YEARS, LEASING A SITE ON SUNFISH ISLAND FOR INSTALLATION AND MAINTENANCE OF A BRONZE STATUE SYMBOLIZING THE NAME AND LOCATION OF THE CITY OF CORPUS CHRISTI, 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 third time and failed to pass by the following vote: Sample, Diaz and Zarsky voting "Aye"; Jones, Best, Dumphy and Turner voting "Nay." Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, addressed the Council and urged stricter enforcement of the dog leash law and the rabies vaccination law. City Manager Townsend informed the Council that the representative of the Police Association had indicated to him a desire to address the Council. Mr. Townsend stated that he felt that this situation of an employee appearing before the Council is different from the appearance last week of representatives The minutes of August 8, 1979 are missing pages 3land 32. After further research, the original document and the microfilm are also missing these pages. Minutes Regular Council Meeting August 8, 1979 Page 33 City Manager Townsend responded by informing the Council that an answer to Mr. Nicholson's request will be delivered to him on Monday, and copies of the letter of reply will be provided the Council. Mrs. Jean Bell, 2004 Woodcrest, stated that she has no City sewer service and they have not had service for 16 years. She presented a petition containing 75 signatures requesting sewer service in the Don Patricio Subdivision. City Manager Townsend explained some of the problems that exist in this area, noting that this is a paper subdivision; the plat was filed some time a,o; but the improvements have never been made. He explained the procedure for obtain- ing sewer service and noted that if Council desired, this could be included in the next bond issue. Mr. Townsend stated that the staff could not recommend these areas for sewer improvements until the entire subdivision is completed and suv gested that if a majority of the property owners in a particular block indicated that they are willing to pay assessments for sewer service, such service could be facilitated. Mrs. Bell stated that her request is just for a few streets that are already developed, and City Manager Townsend stated that he will have the Planning staff study this area. Also speaking on a sewer problem was Mr. Van A. Rousseau, 2401 Retta Drive, who stated that property owners on that street had presented a petition in 1973 and had received very little response from the City. Mr. Rousseau stated that they also have a drainage problem. He suggested that one sewer line going down Purdue Street could serve the area. City Manager Townsend assured the Council that the staff is well aware of this problem; the project to solve the problem has not been included in a bond program because of the small number of people involved; there is a project now to take some of the drainage water down Purdue which will take care of some of the problems. Council Member Turner expressed concern about the drainage and sewer prob- lems in Flour Bluff and asked for an estimate of the amount of money that it would cost to solve the problems and the amount that could be assessed the property owners. Minutes Regular Council Meeting August 8, 1979 Page 34 City Manager Townsend replied that he did not have information in regard to the exact cost at this time. He reiterated that these improvements would require bond funds and suggested that if the Council feels that these are priority items, they could be included in the next bond issue. Mr. James Fichtel, 1935 Yorktown, reported to the Council that when he was in the process of selling his property, he discovered that he would be required to run a water line at a cost of over $5,000 to his property, yet a property owner next to him sold his property without this requirement. Mr. Fichtel alleged that the City installed a water line for this owner, Mr. Johnny Roberts, at no charge. City Manager Townsend informed the Council that the staff will have to check the records to ascertain just what had occurred in this matter but stated that a water line would not have been installed at no cost, indicating that this information will be obtained. Mr. Bill Nicholson referred to his request for water service and the fact that he had written a letter requesting that this matter be placed on the agenda August 15, 1979. He indicated that he was not sure just what the Council had agreed to do in regard to his request. Mayor Pro Tem Sample stated that nothing definite had been decided. Motion by Best that the matter concerning the water service for Mr. Nicholson's property be placed on the agenda of August 15, 1979; seconded by Turner. City Manager Townsend pointed out that the issue involved indicates that the Council's initial discussion on this matter will be on August 15, if this is agreeable. The motion passed unanimously. Mr. David Perry, Attorney, Petroleum Tower, referred to a letter that he had written requesting that an agenda item be considered next week regarding the Standard Instruction prohibiting appearances of City employees before the City Council. Mr. Perry expressed the opinion that if the Council considers the matter, they will feel that this Standard Instruction should be changed or revised. Minutes Regular Council Meeting August 8, 1979 Page 35 Mayor Jones made the observation that so long as negotiations are contin- uing between the firefighters and the City, it would not be proper. Mr. Perry contended that this Standard Instruction is not related to negotiations. He explained that the present status is that the two members of the firefighters association who appeared before the Council last week in connection with the firefighters' contract are subject to disciplinary action, according to the Standard Instruction referred to. He also mentioned that the police officer who appeared before the Council today had been advised that he will not be subject to disciplinary action and questioned the discrepancy. Mr. Perry sum- marized his remarks by contending that this Standard Instruction is illegal in a number of ways. * * * * * * * * * * * * * * * * City Manager Townsend referred to the matter of the formal acceptan,. -f the land at Rodd Field and informed the Council that government officials would like to turn over to the City the deed for this property at 11:30 a.m., Wednesday, August 22, 1979. He explained that the staff suggested that a bus transport the Council to Rodd Field at 11:00 a.m. that day and a luncheon be held following the ceremonies. City Manager Townsend informed the Council that he would like to attend the Texas Municipal League meeting on August 13, a Texas City Managers Association meeting on August 17 and would like to take a vacation commencing August 20 for approximately 10 days. The Council indicated their concurrence with all of these requests. * * * * * * * * * * * * * * * * Council Member Zarsky referred to Mr. Perry's request and recommended to the Council that they consider his request at some time later than the requested date of August 15, since the matter is not really related to the collective bargaining procedure. Mr. Zarsky also suggested that no disciplinary action be taken related to this Standard Instruction until the matter is resolved. Council Member Diaz expressed the opinion that this would severely hamper the City Manager. Council Member Zarsky stated that he would like to see the issue resolved as soon as possible. Minutes Regular Council Meetina August 8, 1979 Page 36 Council Member Dumphy noted that tiis matter is not connected with col- lective bargaining, and if the only consideration the Council needs to discuss is whether or not it is legal, he would like to have an opinion from the Legal Depart- ment in regard to the Standard Instruction referred to. Motion by Zarsky that the request made by Mr. David Perry on the matter of the Standard Instruction 1-11 be considered by the Council as soon as possible; seconded by Turner; and passu •reanimously. City Attorney Aycock inquirP6 if Mr. Zarsky had intended by his motion that any disciplinary action should be held in abeyance until the matter is dis- cussed and resolved and a decision is made about this particular Standard Instruction. Council Member Zar'kv agreed that this was not a part of hi. motion. There being no further bnsiness to come het tine Conii on r Sample, seconded by RF't, acral passed unanimousi, the Regular •.uunc€l Meeting was adjourned at 7:25 p m., August 8. 1979,