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,