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HomeMy WebLinkAboutMinutes City Council - 04/03/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 3, 1968 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Commissioner Roberts in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of March 27, 1968, were approved as submitted to the Council. Mayor Blackmon, on behalf of the Council, expressed appreciation and congratulated City Secretary T. Ray Kring for the special tribute he received yesterday by Channel Six Television Station in recognition of his long and dedicated public service to the community. Mayor Blackmon proclaimed April 3, 1968, as GENE LOOPER DAY in Corpus Christi, in recognition of this being his Five Thousandth daily broadcast of "The People Speaks" over K -SIX Radio Station. Mayor Blackmon announced the appointments to Boards and Committees. Motion by Roberts, seconded by Lozano and passed that the re -appointments of Hayden W. Head, Phillip A. Schraub, M. D. Miller, Wallace L. Lundgren, and G. Robert Welch to the Airport Board be approved and confirmed. Mayor Blackmon announced the opening of bids. Bids were opened and read on three lots of office furniture for the Police Building from the following firms: E. R. Schendel Company; Maverick -Clarke Company; Griggs Equipment, Inc. (Belton); Browning Brothers; Jack Bonner Company; John H. Yochem Company; and Lloyd W. Holmes Company. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to Minutes Regular Council Meeting April 3, 1968 Page 2 the City Manager for tabulation and recommendation. Mayor Blackmon announced the recessed public hearing of Application #268-8, Mr. Lawrence W. Young, for change of zoning from "R-113" One -family Dwelling District to "AB" Professional Office District on Lot 4-A, Rolling Acres No. 1, which was recessed to ascertain if the deed restrictions were in effect. City Manager Townsend reported that a letter had been received from the applicant dated April 1, 1968, requesting that the foregoing application be withdrawn. Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed, and that the request to withdraw the application be accepted. Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "i", with Items "d" and "i" considered separately, be accepted, and that the recommendations and requests be granted and approved as follows: a. That water main service be extended to serve the new West Oso High School, with the provision that property owners be billed for their proportionate share of the cost; b. That the public hearing for Tarleton, Coleman, and Mitchell Street improvements, be officially closed, and that the corrected assessment roll be approved reflecting the revised assess- ment rates based on the testimony given at the hearing held March 20, 1968, by an expert evalu- ation appraiser, and also including the 5 -foot sidewalks requested by Mitchell Street property owners; c. That the award of contract for the construction of street improvements on Tarleton, Coleman, and Mitchell Streets be made to Asphalt Construction Company, on the basis of low bid meeting specifications in the amount of $117,808.60, and that an appropriation in the amount of $126,000.00 for the construction contract and contingencies, reflecting the deletion of the Home Road portion of the project in the estimated amount of $12,069.90, be approved; d. (Considered separately) e. That the date of April 29, 1968, 2 p.m. Special Meeting, be set for public hearings on eight zoning cases; Minutes Regular Council Meeting April 3, 1968 Page 3 f. That the authority to execute and deliver to Nueces Industrial Gas Company a revo- cable easement for crossing under UpRiver Road approximately 880 feet southeast of Cantwell Lane with a 6-5/8" pipeline, be granted; g. That the authority to advertise for bids on the Third Floor modifications to the La Retama Library, to be opened April 24, 1968, be granted; h. That the acceptance and final payment of Estimate No. 9, in the amount of $44,539.53, representing the balance due Heldenfels Brothers, for completion of construction of Airline Road Street Improvements and Water Line, be conditionally approved in accordance with the written assurance of the Contractor that corrective measures as directed will be taken if rolling in 90 degree weather fails. i. That the Petroleum Superintendent be authorized to establish procedure and issue revocable permits under certain conditions, allowing the permittee to dispose of waste water and materials from oil well production into the borrow pit of a public street for the transfer of such waste water and materials into the Garrison Ditch Drainage System, and that the ordinance effecting this authority be placed on three reading. Mr. Eric R. Menger, Jr., of Menger Oldsmobile Company, appeared in connection with Item "d" and questioned the recommendation relative to the award of bid to Gillespie Buick Company for the City Manager's car on their 1968 Buick Electra Model, when his company had submitted the low bid on Oldsmobile's Town Sedan. Mr. Menger stated that the Town Sedan is comparable to the Buick Electra, which is not Buick's top line, and stated that for $50.91 more than the price quoted for the Electra, Oldsmobile's Luxury Sedan, which is their top line with all extra features, including such things as electric windows and seats and more plush upholstery, could be purchased. He stated there is no profit motive involved, and quoted a factory author- ized special price of $3,520.15. Mayor Blackmon stated that the Council is not bound by the low bid as is usually the case, because of the particular nature of the planned use, and stated that the varied opinions was a result of seven people trying to purchase a car, and that it is expected that there would be differences of opinion. Minutes Regular Council Meeting April 3, 1968 Page 4 Motion by Roberts, seconded by Bradley and unanimously passed, that the alternate bid of Menger Oldsmobile for the Oldsmobile Luxury Sedan at their quoted price of $3,520.15, be accepted.(Bid Tabulation #14-68) Mayor Blackmon presented for discussion the ordinance appearing on the agenda as Ordinance "a" referred to as the "Ambulance Ordinance." Motion by McDaniel, seconded by Bradley and passed with Blackmon, Roberts, and Sizemore voting "Nay"; Lozano and Jimenez voting "Aye"; that the ordinance referred to as the "Ambulance Ordinance" be and the same be changed as follows: Section 19D-4, Sub -paragraph 3: Change the last two words from "Permit Officer" to "Ambulance Committee." Section 19D-16.1: Add the words at the end of the first sentence "providing they have been approved by the Ambulance Committee." Section 19D-17: Insert the words "authorized by this ordinance and" following the word "regulation" in the second line of Page 7. Mr. William R. Anderson, attorney representing Dunn-Langham Mortuary, appeared and stated that his client's concur in the amendments, but that the ordinance still does not meet the basic objections they have had from its beginning, and further stated that they do not think this ordinance should be enacted at all for the reason that it is an area in which the City should not penetrate and that the burden is placed upon private enterprise. City Manager Townsend stated that if the ordinance is finally passed with the foregoing amendments, it would be his recommendation that the Ordinance Committee be revised. Mayor Blackmon stated it is his feeling that the ordinance was intended to serve the public, and that it is his opinion that the proposed amendments at this stage would defeat the purpose of the ordinance. Motion by Sizemore, seconded by Roberts and passed, that the third reading of the ambulance ordinance be deferred pending further consideration. Minutes Regular Council Meeting April 3, 1968 Page 5 ORDINANCE NO. 8821 AMENDING ORDINANCE NO. 8294, AS AMENDED, GENERALLY REFERRED TO AS "THE BAY DRILLING ORDINANCE," BY AMENDING SUBSECTION 21.9 PERTAINING TO ABANDONMENT; AMENDING SECTION 24.1 SO AS TO AUTHORIZE EXECUTION OF RELEASES BY THE CITY PETROLEUM SUPERINTENDENT OR DIRECTOR OF PUBLIC WORKS AS WELL AS BY THE CITY MANAGER IN CASES OF ABANDONMENT OF OIL WELLS; AMENDING SECTION 20.2 BY ADDING THERETO A PROVISION CLARIFYING THE MATTER OF REFUND FOR AN ISSUED PERMIT; ADDING A NEW SECTION TO BE NUMBERED SECTION 21.12, TO PROVIDE FOR A PERMITTEE TO TRANSFER A PERMIT FROM ONE LOCATION TO ANOTHER WITHIN THE BAY AREA UNDER CERTAIN CONDITIONS; AMENDING SECTION 21.8 BY ADDING THE WORDS "OR SUPERINTENDENT" FOLLOWING THE WORDS "CITY MANAGER"; AMENDING SECTION 21.10 BY DELETING THE WORDS "THROUGH THE CITY MANAGER" IN THE THIRD SENTENCE OF SAID SECTION; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." ORDINANCE NO. 8822 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH ASPHALT PAVING COMPANY FOR CONSTRUCTION OF STREET IMPROVEMENTS ON PORTIONS OF TARLETON, COLEMAN AND MITCHELL STREETS, PROJECT NO. 220-67-99; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $126,000.00, OF WHICH $117,807.50 IS FOR THE CON- STRUCTION CONTRACT AND $8, 192.50 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." ORDINANCE NO. 8823 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON TARLETON STREET, FROM PORT AVENUE TO GREENWOOD DRIVE; COLEMAN STREET FROM 19TH STREET TO BLUNTZER STREET; AND MITCHELL. STREET FROM OCEAN DRIVE TO SANTA FE, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PRO- TESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN; FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF TARLETON STREET, COLEMAN STREET AND MITCHELL STREET, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON Minutes Regular Council Meeting April 3, 1968 Page 6 SAID STREETS, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PRO- PERTY ABUTTING UPON SAID STREETS AND THE REAL AND TRUE OWNERS THEREOF, PRO- VIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts present and voting "Aye"; McDaniel voted "Nay." ORDINANCE NO. 8824 CLOSING ALL OF SAN JOSE, BEING A DEDICATED PUBLIC `NAY ON EITHER SIDE OF RAMIREZ STREET BETWEEN SAM RANKIN AND N. ALAMEDA STREETS, AND CLOSING RAMIREZ STREET BETWEEN SAM RANKIN STREET AND N. ALAMEDA, ALL AS MORE FULLY SET FORTH HEREINAFTER, BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, RETAINING A 40 FOOT UTILITY EASEMENT CENTERED 20 FEET EACH SIDE OF THE CENTER LINE OF RAMIREZ STREET FROM SAM RANKIN TO N. ALAMEDA; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." ORDINANCE NO. 8825 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 THE CONGREGATION OF JEHOVAH'S WITNESSES ON LOTS 19 AND 20, BLOCK 9, BAYVIEW NO. 3, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE CHANGED FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT AL.L OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon abstained. Minutes Regular Council Meeting April 3, 1968 Page 7 ORDINANCE NO. 8826 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 APPLI- CATION OF MRS. DORIS GROSSMAN, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 27 THRU 32, BLOCK 1102, BAY TERRACE NO. 2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "B -I" 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 was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon abstained. THE FIRST READING OF AN ORDINANCE PROVIDING EOR THE ISSUANCE OF REVOCABLE PERMITS BY THE CITY PETROLEUM SUPERINTENDENT AUTHORIZING THE PERMITTEE TO DISPOSE OF WASTE WATER AND MATERIALS FROM OIL WELL PRODUCTION INTO THE BORROW PIT OF A PUBLIC STREET FOR THE TRANSFER OF SUCH WASTE WATER AND MATERIALS INTO THE GARRISON DITCH DRAINAGE SYSTEM; PROVIDING REGULATIONS REGARDING THE OBTAINING OF SUCH PERMITS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye"; Blackmon voted "Nay." ORDINANCE NO. 8827 RECEIVING AND ACCEPTING CONSTRUCTION OF THE AIRLINE ROAD STREET IMPROVE- MENTS AND WATER LINE, PROJECTS NO. 220-64-60 AND 202-59-26, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS, UNDER THEIR CONTRACT DATED FEBRUARY 1, 1967, AUTHORIZED BY ORDINANCE NO. 8340; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $17,821 .60, OF WHICH $11, 540.10 IS FOR THE CON- STRUCTION AND $6,281.50 IS FOR ENGINEERING BY LOCKWOOD, ANDREWS AND NEWNAM, SAID SUMS HEREBY APPROPRIATED TO SUPPLEMENT THE FUNDS PREVIOUSLY APPROPRIATED FOR THE AFORESAID PROJECT; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 9, DATED JANUARY 29, 1968, IN THE AMOUNT OF $44,539.53, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM FUNDS PREVIOUSLY AND HEREBY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." Minutes Regular Council Meeting April 3, 1968 Page 8 ORDINANCE NO. 8828 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A RE- VOCABLE EASEMENT TO NUECES INDUSTRIAL GM COMPANY,. A CORPORATION, HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TO CROSS UPRIVER ROAD APPROXIMATELY 880 FEET SOUTHEAST OF CANTWELL LANE, WITH A 6-5/8" PIPE LINE, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." Mayor Blackmon called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Louis Peronis, employee in the City Fire Department, and President of the Corpus Christi Firefighters Association, appeared and read from a prepared statement and expressed dis- pleasure in the procedures used for submitting to the public Charter Amendments; in the dis- parity existing between the firemen and policemen which will not be submitted to the public; lack of investigation into these matters; and described the Civil Service Commission as being appreciation for "incompetent." Mr. Peronis expressed/efforts made by City Manager Townsend, but stated the Council should investigate the overall picture in an effort to solve the problems. (Council Exhibit # 1-68) Mr. Tony Bonilla, local attorney and member of the City Charter Advisory Committee, critized the Council for not agreeing to put the "modified ward system" on the July 13 election ballot as an alternative to the Place System which the Council had made a decision to submit. Mr. Bonilla stated the Committee itself did not hold any public hearings or solicit outside advice before making its recommendations which reached the Council last fall, and stated that he was displeased with the over-all manner in which the amendments were handled. Mr. Bonilla challenged the Council to defend its position, and that if it refuses to offer the "Modified Ward System" as an alternative, it does so out of fear it would be approved by the voters; stated that the Council has not sought the experience of other cities; criticized the Council for alleged Minutes Regular Council Meeting April 3, 1968 Page 9 discrimination in making appointments to City Boards and Committees, stating that the Council should suggest minority group representatives of their own volition; that discrimination still exists in the hiring of employees and in promotions in the City Government, and that on investi- gation, older employees are afraid to speak. He further complained that the workshop meetings of the Council are not opened to the public. City Manager Townsend stated that his office is open for any information as to any alleged discrimination within the City Govemment, and that he will receive such information in confidence. He further explained that it is impossible to make investigations based on gener- alities. Mayor Blackmon stated, in response to the allegations of Mr. Bonilla relative to the Charter Amendments, that the Council has considered all the information presented; that the Council is submitting propositions to the voters in which it believes, and that it is the function of the Council to make recommendations to the public. He pointed out that the membership of the Charter Advisory Committee was made up of a very broad representation of the City, both from the standpoint of residence as well as minority and ethnic groups; explained that so far as the policy of not opening the workshop meetings to the public, that he takes full responsibility for denying or inviting persc-s from the public to the meetings; that it has been the policy and has been agreed upon by all members of this Council to be a time to work with the City Staff. With regard to Mr. Bonilla's statement that the Council had not sought counsel from other cities regarding the "Place System," Mr. Blackmon stated that information had been received from nine other cities, and that he would be glad to go over this information with Mr. Bonilla privately. Commissioners J;minez and Lozano reaffirmed their support of the "Modified Ward System" as an alternative to the "Place System." Mr. Bob Smith, 1717 Boisdarc, and Mr. Willie Adams, 1614 Boisdarc, appeared and complained that the Council had done nothing to clear the ghettos and slum areas of the City; stated that contrary to statements they have heard, the Negro in Corpus Christi is not satisfied; and complained that the curfew ordinance has not been enforced in the negro communities. Mr. Adams stated he feels the negro population is not represented in City Government and asked Minutes Regular Council Meeting April 3, 1968 Page 10 • why a negro had never been asked to be a member of the City Council o They stated that there is a shortage of policemen and firemen in the City and asked why negroes were not asked to fill these and other administrative positions. City Manager Townsend explained that the City has had a program for the last six months to encourage anyone interested to become policemen and firemen, and stated that at the present time there are four vacancies in the Fire Department and twelve in the Police Depart- ment, and invited Mro Smith and Mr. Adams and their friends to apply for these positions. There being no further business to come before the. Council, the meeting wQadiourneda