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HomeMy WebLinkAboutMinutes City Council - 04/17/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 17, 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 Major James A. Anderson of the Salvation Army. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of April 10, 1968, were approved as submitted to the Council. Mayor Blackmon recognized and presented a Commendation Certificate to Mrs. Beryl Latham, who recently completed a history -making around -the -world promotion tour from Corpus Christi and back in sixty-three hours, forty-four of which were spent in the air, and making calls ata number of major cities of the world. Mayor Blackmon thanked her on behalf of the Council for this accomplishment and outstanding representation of our City. Mayor Blackmon recognized and presented twenty-year Service Certificates to five members of the local Fire Department for having completed the required twenty years of active service in this department, requisite to their eligibility for retirement under the Firemen's Relief & Retirement Fund. Those receiving the Service Certificates were Captain B. W. Burton, District Fre Chief John K. McIver, Captain A. T. Wolfe, Captain John A. Janosek, and Captain Gordon C. Perry. Mayor Blackmon read and presented proclamations relative to the following: LIBRARY WEEK, April 21 - 27, 1968, being celebrated nationally with the theme, "Be All You Can Be, R E A D," and urged citizens to visit their libraries and to reach their full potential through reading, received by Mrs. George Clark, Jr., Chairman of the local Library Board; NATIONAL COIN WEEK, the week of April 21 - 27, 1968, and urged citizens to visit the exhibits sponsored by the American Numismatic Association; TRAINING SQUADRON TWENTY-SEVEN DAY, April 19, 1968, in commemoration of the 100,000 consecutive accident -free flight hours since November 2, 1964, paying tribute to the officers and enlisted men of VT -27, and all others who had a part in this magnificent record. Minutes Regular Council Meeting April 17, 1968 Page 2 Mayor Blackmon announced the opening of bids. Bids were opened and read on Cole Park and Moody -Greenwood Park Improvements from the following firms: King Construction Company and Heldenfels Brothers. The foregoing bids were received and, pursuant to provisions of the City Charter, were tabled for 48 hours and referred to the City Manager for tabulation and recommendation. Motion by Sizemore, seconded by Lozano and passed, that the City Manager's Reports be accepted, and that the recommendations and requests be granted and approved as fol lows: a. That the award of contract for construction of Sewer Improvements on South Padre Island Drive, Tuloso Circle and Greenwood Drive, be made to Mansheim Company, on the basis of low bid meeting specifications, and that an appropriation in a total sum of $47,000.00 of which amount $43,585.48 is for the construction contract and $3,414.52 for contingencies, be approved; b. That the award of bid on One Vertical Non -Clog Pump be made to the only firm sub- mitting a bid, Langhammer-Fincke-Hall, Inc., of San Antonio, in the amount of $2,278.00; (Bid Tabulation 015-68) c. That an appropriation in the amount of $7,670 for architectural services to be performed by Walter Wilde for design and construction phase in connection with the alterations and remodeling work at La Retama Library, be approved; d. That the authority to enter into an agreement with Mrs. J. M. Casares extending con- cession rights at South Beach for a three-year period beginning on the date of execution of the contract and ending October 31, 1971, be granted; e. That the authority to increase the City's participation in the Firemen's Relief and Re- tirement Fund to 6% as of April 1, 1968, to match the Firemen's participation, be granted; f. That the authority to execute a revocable easement to Humble Oil & Refining Company, to place one 8" line crossing Graham Road at 1203 feet west of Laguna Shores Road, and one 8" gas line crossing Laguna Shores Road at approximately 1210 feet south of Padre Island Drive, be granted; g. That the authority to make application to the Community Committee on Youth Education and Job Opportunities for funds to finance a $60,000 summer antipoverty program for the employment of 90 youths from 18 to 25 years of age, for 16 youth twilight recreation programs and 9 neighborhood Minutes Regular Council Meeting April 17, 1968 Page 3 improvement teams, be granted. City Manager Townsend requested authority to present to the Coastal Bend Regional Planning Commission a tentative proposal to seek a loan of approximately $900, 000 from the Economic Develop- ment Administration to help finance half the cost of extending a 30 -inch water main extending from South Staples and Holly Road to the water storage tank of the Padre Island Investment Corporation. He stated this would provide an increased supply of water for Flour Bluff and Padre Island; stated that details of the cost participation are still to be worked out, and pointed out that the Coastal Bend Regional Planning Commission is required to pass on all requests for Federal Funds involving urban areas. Mr. Townsend also requested authority to present to the Coastal Bend Regional Planning Com- mission a proposal for Federal matching funds in the amount of $30,000 for development of Schanen Park, which request had been previously filed but had not been approved by the Commission. Motion by Roberts, seconded by Lozano and passed, that the foregoing proposals be submitted to the Coastal Bend Regional Planning Commission which is to meet Friday of this week, in accordance with the recommendation of City Manager Townsend, with the knowledge that both proposals will be brought back to the Council at a later date. SECOND READING OF AN ORDINANCE REGULATING PARKING AT PLACES OTHER THAN PUBLIC STREETS; REGULATING ACTIONS ON PARKING LOTS; PROVIDING A DEFENSE TO CHARGES OF ILLEGAL PARKING; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." City Manager Townsend presented for the Council's consideration the amendments to the ordinance providing for the issuance of revocable permits by the City Petroleum Superintendent for the disposal of waste water and materials from oil well production into the borrow pit of a public street for the transfer into the Garrison Ditch Drainage System, as follows: 1. To amend the first whereas to make the ordinance apply to borrow pits along all City streets and roads, rather than just the Garrison Drainage System, Minutes Regular Council Meeting April 17, 1968 Page 4 2. To substitute the words "revocable easement" for "Special Permit" wherever Special Permit appears, 3. To amend Section 3 to clarify that the $25 application charge is per well, 4. To revise Section 5 so it will hereafter read as follows: "Each permit issued under the terms of this ordinance shall be valid until January 1, 1969." 5. To revise Section 6 so it will hereafter read as follows: "The revocable easement hereinabove mentioned shall be revocable by the City Petroleum Superintendent at any time." 6. To revise Exhibit "A" so as to carry out all terms and provisions of the revised ordinance. Motion by Bradley, seconded by Roberts and passed, McDaniel and Sizemore voting "Nay," that the foregoing ordinance be amended before its second reading in accordance with amendments recommended by City Manager Townsend. SECOND READING OF AN ORDINANCE PROVIDING FOR THE ISSUANCE OF REVOCABLE PERMITS BY THE CITY PETROLEUM SUPERINTENDENT AUTHORIZING THE PERMITTEE TO DIS- POSE OF WASTE WATER AND MATERIALS FROM OIL WELL PRODUCTION INTO THE BORROW PITS ALONG CITY STREETS AND ROADS 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 second time and passed to its third reading as amended by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts present and voting "Aye." ORDINANCE NO. 8837 APPROPRIATING OUT OF NO. 207 PUBLIC BUILDING BOND FUND THE SUM OF $7,670 FOR ARCHITECTURAL SERVICES TO BE PERFORMED BY WALTER WILDE THROUGH THE DESIGN AND CONSTRUCTION PHASE IN CONNECTION WITH THE ALTERATIONS AND REMODELING WORK AT LA RETAMA LIBRARY, PROJECT NO. 207-64-9, AND IN ACCORDANCE WITH THE ARCHI- TECTURAL CONTRACT AUTHORIZED BY ORDINANCE NO. 8568, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 23, 1967; 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 17, 1968 Page 5 ORDINANCE NO. 8838 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $7250 FOR THE PURCHASE OF CAST IRON PIPE AND CAST IRON VALVES NEEDED FOR INSTALLATION OF AN AIR HEADER LINE AND THE PURCHASE OF A VERTICAL NON -CLOG SLUDGE PUMP WITH MOTOR FOR THE OSO SEWAGE TREATMENT PLANT IMPROVEMENT, PROJECT NO. 250-61-56; 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. 8839 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO HUMBLE OIL & REFINING COMPANY, A CORPORATION, HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TO PLACE ONE 8" GAS LINE STRAPPED TO A 2" GLYCOL LINE IN A 16" CONDUIT CROSSING GRAHAM ROAD AT APPROXIMATELY 1203 FEET WEST OF LAGUNA SHORES ROAD AND ONE 8" GAS LINE STRAPPED TO A 2" GLYCOL LINE AND A 2" OIL LINE IN A 16" CONDUIT CROSSING LAGUNA SHORES ROAD AT APPROXIMATELY 1210 FEET SOUTH OF PADRE ISLAND DRIVE; 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. 8840 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH THE MANSHEIM COMPANY FOR THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS IN SOUTH PADRE ISLAND DRIVE, TULOSO CIRCLE AND GREENWOOD DRIVE, PROJECT NO, 250-67-65; APPROPRIATING OUT OF NO, 250 SANITARY SEWER BOND FUND THE SUM OF $47,000 OF WHICH AMOUNT $43,585.48 IS FOR THE CONSTRUCTION CONTRACT, AND $3,414.52 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." Minutes Regular Council Meeting April 17, 1968 Page 6 ORDINANCE NO. 8841 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH MRS. J. M. CASARES FOR CONCESSION RIGHTS FOR A THREE-YEAR PERIOD, BEGINNING ON THE DATE OF EXECUTION OF THE SAID CONTRACT AND ENDING OCTOBER 31, 1971, AT SOUTH BEACH, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE COVENANTS AND CONDITIONS PRO- VIDED IN SAID CONTRACT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF; 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. 8842 DECLARING TERMINATION OF THE INTENT TO ASSESS CERTAIN PROPERTY IN CONNECTION WITH SIDEWALK IMPROVEMENTS, UNIT IV, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 21, 1968, BY ORDINANCE NO. 8767, AND THE NOTICE OF THE CITY SECRE- TARY FILED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, ON FEBRUARY 21, 1968, IN VOLUME 1258, PAGE 41, DEED RECORDS OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL RELEASE OF ALL PROPERTY ABUTTING ON THE FOLLOWING STREETS AFFECTED BY REASON OF SAID NOTICE, IN CONNECTION WITH THE SAID IMPROVEMENTS: 1. Belton Street, McArthur to S.H. 286; 2. Home Road, from one-half block East of Greengrove to Ayers Street; 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 "Aya." Mr. Hayden Head, attorney for Garrison Drainage Company and oil industry interests, spoke in opposition to the ordinance relative to issuance of revocable permits by Petroleum Superin- tendent, particularly the $25 application fae per well, stating that the wells least able to pay will be required to pay, and at the same time will be required to pay the $25 fee under the terms of the proposed land drilling ordinance. Mr. Head stated he felt the fee of $25 is not an equitable levy and will constitute an unnecessary duplication of charges, but stated the fee would be preferable to having the ordinance defeated. Mayor Blackmon called for petitions or information from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting April 17, 1968 Page 7 Mr. Bobby Smith, 1717 Boisdarc, appeared and requested that the Council take steps to adopt an open housing ordinance; inquired as to why there are no Negro captains, sergeants, or lieutenants employed in the Police Department, and why there are no Negro case workers in the Juvenile and Welfare Departments. Mr. Smith was advised by City Manager Townsend that there are Negro policemen in special assignment positions, and explained that the State Laws which govem promotions require written examinations and time -in -grade requirements, and that welfare and juvenile work is handled by the County. Mr. Manuel Cano, 821 Belmeade, requested that the Modified Ward System be included in the Charter Amendments to be offered to the voters of the City, and stated that by dividing the City into districts it will help insure more equal representation. Commissioner Roberts stated that he has been on the Council for ten years, and that all councilmen have always been available to citizens from any part of the City. He further stated that he is as familiar with the Molina area as he is his own street. Mrs. W. T. Painter, 5726 Glen Arbor, appeared and presented a petition containing 445 signatures of Glen Arbor and Gardendale residents, requesting that a school zone be established on Staples Street between Bonner Drive and Holly Road; a school crossing guard at the Intersection of Cain Drive and South Staples; make Williams Drive a one-way from South Staples to Burton Lane between the hours of 7:45 a.m. to 8:45 a.m. and again between 2:30 p.m. and 3:45 p.m., and/or prohibit vehicular parking on the South side of Williams Drive during the aforementioned hours. (Petition #3-68) Mr. Louis Peronis, President of the Fire Fighter's Association, appeared and stated he was speaking as an individual, and asked the Council to reconsider its decision not to submit a Charter amendment that would eliminate the difference in pay between firemen and policemen, and stated that as an alternative, firemen may circulate petitions to force the proposition to be sub- mitted if the Council does not do it voluntarily. When questioned by Mayor Blackmon if he would rather work a straight eight-hour shift instead of the present one under which firemen are on duty for 24 hours and off for 48, and Mr. Peronis stated he would prefer the eight-hour shift if the work Minutes Regular Council Meeting April 17, 1968 Page 8 week was limited to 48 hours. Mr. Tony Bonilla, attorney, appeared and stated he was speaking as a private citizen, and referred to a complaint submitted to the Council earlier this week in which he alleged a Latin American woman had been refused an apartment because of her nationality. Mr. Bonilla stated that if a local open housing ordinance is not immediately adopted, two courses will be open to Latin Americans: to seek Federal assistance and to boycott those owners who will not rent to minority groups. Mr. Bonilla stated that the Ministerial Alliance and the Human Relations Com- mission have already adopted such a resolution. He named persons and firms which he alleged have been discriminatory in real estate operations, and urged the City Manager to investigate these agencies; requested that investigations be made within the City Departments, alleging that there are no Latin policemen patrolling the South side area in day time; inquired as to why City Manager Townsend had not sought out, interviewed, or trained some Latin American for the position of Assistant City Manager. Mr. Townsend stated that sixty applications had been received for the position of Assistant City Manager and that not one of them were Latin American. Mr. Evans McAfee, 5706 Kimbrough, stated that he is married to a Latin American woman, and that they have a son who is half Latin and half Irish, and stated that he hopes the boy will never be refused the right to live in the area of his choice because of his Latin descent. Mrs. Rebecca Torres, employee of the Dunes Motel, stated that the Council should give serious consideration to the questions raised by Attorney Tony Bonilla. She complained of dis- crimination, and stated that her presence here today was prompted by reading in the local news- paper of an incident where a Latin was refused an apartment because she was Latin American. She further stated she did not want anyone to dictate to her or her children where they could or could not live. Mrs. Maria Scafuri, 815 Craig, stated she is employed at a school for underprivileged children, and that nothing can be accomplished by brutal means, but that much can be gained by love. She stated it is her observation that most school teachers are only interested in simply com- pleting their day's work and not in educating the children. Mr. Milo Garcia, 2034 Gollihar, real estate dealer, stated he has encountered problems in closing deals for sale of homes to Latin Americans in certain areas of the City, and that this is Minutes Regular Council Meeting April 17, 1968 Page 9 time-consuming and costly. Mr. Charles M. Bolden, 1518 Stillman, stated that integration which has occurred over the years has caused no bad effects in spite of the fears, and stated that an open -housing ordinance would have no bad effect and urged its passage. Mayor Blackmon stated that the Council has had several requests for adoption of an open - house ordinance; that the Staff has not had an opportunity to study the text of the Open House Law lust passed by Congress, and that the Council will act when all available information has been studied. He further stated that the Legal Department will be directed to give the Council an analysis of the Federal Law and a recommendation so that the Council can act prudently, free from any emotional pressures, and that this matter is expected to be taken care of within the next four or five weeks. Mr. Gabe Lozano, Jr., pressed the Council for an answer on its decision to recommend to the voters the Place System, and asked if this decision is final. He urged that the Modified Ward System also be submitted to the voters, and that they be allowed to choose between the two systems. He stated he has a moral obligation to those people whose vote he had solicited when this Council was put into office, and that he felt he also had an obligation to the Council. He asked for a definite message which he could convey back to the people as to whether or not the Council will make an effort to place on the ballot the Modified Ward System along with the Place System. Mayor Blackmon stated that a vote was recorded of five to two to place before the voters the Place System, but that a number of meetings will be held before the election tentatively set for July 13, and that he is ready at any time to receive or reconsider when a majority of the Council vote to reconsider the decision. He further stated that he sincerely felt the Modified Ward System is a step in a backward direction. Commissioners Jimenez and Lozano stated that the record will show that they favored placing the Modified Ward System on the ballot as an alternative to the Place System. Com- missioner Jimenez requested that City Attorney Singer study the ruling of the Supreme Court and advise the Council. Mr. W. A. Scholl, past president of the Firefighters Union, appeared and stated that the Minutes Regular Council Meeting April 17, 1968 Page 10 Firefighters were seeking several amendments, but that he feels the most important one is to equalize the pay between the policemen and firemen. He further stated that there are certain pro- visions in the City Charter which have not been complied with, and stated that this could subject the Council to forfeiture of office. He stated that firemen work 16 hours longer than other firemen in other cities, and that he feels they are entitled to overtime pay for all hours worked over 40 hours a week. Mr. Scholl stated that petitions will be circulated to force the proposition of disparity in wages between firemen and policemen on the ballot for the forthcoming election. Commissioner Jimenez stated that some of the things that were rejected relative to firemen were rejected on a split vote, and that he had voted to eliminate the disparity. City Manager Townsend explained that he was Director of Public Safety, and that his door was open at any time to meet with any City Employees. He directed that Mr. Scholl submit his grievance in writing to be considered in a logical manner, and stated that nothing could be resolved in the Council meeting. Mr. Gabe Lozano, Jr., again asked the Council for a message which he could relate to the people as to whether or not the Modified Ward System will be submitted to the voters. Motion by Jimenez, seconded by Lozano, that both the Place System and the Ward System be placed on the ballot to be submitted to the voters. Motion by McDaniel, seconded by Roberts and passed, with McDaniel, Bradley, and Roberts voting "Aye," Jimenez and Lozano voting "Nay," and Sizemore abstaining, that the motion to place both the Place System and the Modified Ward System on the Ballot be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.