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HomeMy WebLinkAboutMinutes City Council - 04/25/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 25, 1973 3:00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas. A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. S. Howard Stark City Manager R. Marvin Townsend Assistant City Attorney Hal George City Secretary T. Ray Kring Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Bob Henson of Parkside Church of God. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meetings of April 11 and 18, 1973, were vproved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations relative to the following: LAW WEEK - LAW DAY, April 29 through May 5, 1973; CONSUMER INFORMATION WEEK, April 30 through May 5, 1973; RESPECT FOR LAW WEEK, May 1 through May 7, 1973; BUCCANEER DAYS, April 26 through May 6, 1973; LOYALTY DAY, May 1, 1973; SENIOR CITIZENS MONTH, May, 1973; MENTAL HEALTH MONTH, May, 1973; NATIONAL SECRETARIES WEEK, April 23, through April 29, 1973; and POSTAL WEEK, April 29 through May 5, 1973. Mayor Sizemore recognized and presented Service Awards to the following retiring City Employees: Frutoso Solis (Water Department), 25 years of Service; Bryant Farmer (Sewer Division), 14 years of service; Martin L. Lambert (Transit Division), 28 years of service; Barnabe Rodriguez (Street Division), 33 years service; and Santos Saucceda (Transit Division), 27 years service. Mayor Sizemore called for the opening of bids, and Director of Engineer- ing Services opened and read bids for construction of Prescott Street Improvements, from Gollihar Road to Crosstown Expressway, and Prescott Park Drainage Improvements, from the following firms: Heldenfels Brothers; Asphalt Maintenance; King and Mansheim; and Burtex Constructors. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. J Minutes Regular Council Meeting April 25, 1973 Page 2 • Mayor Sizemore announced the public hearing on the closing of the exist- ing right-of-way of Wooldridge Road. City Manager Townsend stated the request had come from Mr. Harold K. Shearer, P.E., of Urban Engineering, and that they had proposed that the portion sought to be closed would be relocated in accordance with the final plat of Country Club Estates Unit 15. He explained that it had been contemplated throughout the development of this subdivision that Wooldridge road would be relocated, He stated it is now a County Road without curb and gutter or sidewalk. He stated the request had been routinely -circulated through the affected City Departments and there had been no objections except those from the Director of Traffic Engineer and it was his feeling that, from a safety standpoint, it would be better to leave Wooldridge Road as it was originally platted rather than to realign it with a greater curve, but would not object if the change of the new alignment is designed for safe driving speeds. He stated it is his recommendation that the street be closed subject to the relocation of the roadway as proposed. No one appeared in opposition to the foregoing request. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Bonniwell, seconded by Branch and passed, that the recommenda- tion of the City Manager be concurred in and that the portion of the right-of-way of Wooldridge Road situated in Lots 9, 10, 11, 22, 23 and 24, Section 4, Flour Bluff and Encinal Farm and Garden Tracts, be closed as requested, subject to its relocation in accordance with the final plat of Country Club Estates Unit 15, and ,construction of new streets, and that an ordinance be brought forward effectuating the closing, Mayor Sizemore called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explana- tions, as follows: a. That the drilling of a well by Jake L. Ramon in State Tract 16, Corpus Christi Bay, as an irregular location, be approved. The reason the well is not drilled at the regular cluster located for this tract is that the Bureau of Sport Fisheries and Wildlife of the U.S. Department of the Interior advises that the regular location would be located in Long Reef, would require dredging and would therefore be detrimental to the marine life of the area. They recommended that the • Minutes Regular Council Meeting April 25, 1973 Page 3 location be no less than 500' from the reef as is now proposed. b. That the Preliminary Assessment Roll for the street improvements in the Austin School area, bounded by Morgan Street, Airport Road and Baldwin Street, be accepted as prepared by the Department of Engineering Services and a public hear- ing on the assessments be held at Ella Barnes High School Wednesday, June 6 at 7:30 p.m. The assessments have been prepared based on the low bid of $534,288.35 submitted by Asphalt Paving and Construction Company; the proposed assessment roll is $246,069.29 and involves 491 owners. c. That the plans and specifications and the preliminary assessment roll for the construction of Columbia Street from Lolita to Bloomington be approved and a public hearing on the assessments be held on June 6, 1973 at 4:00 p.m. The pro. ject will be constructed as part of the Horne Road Project by Change Order, as recommended in the City Manager's Report of April 4, 1973. This work will be con- tingent upon the completion of the hearing and approval of the Change Order ($25,661.55). The proposed assessments total of $4,574.17 involves 7 owners. d. That the corrected final assessment roll for the Moravian Drive and Airport Park Street Improvements Project be approved. The streets include: 1. Moravian Drive, from Padre Island Drive to McArdle Road 2. Beechcraft, from Post Avenue to Ryan Street 3. Fleet Avenue, from Ryan Street to Beechcraft Avenue 4. Fairchild Street, from Post Street to Virginia Street 5. Cub Street, from Post Street to Virginia Street 6. Lockheed Street, from Post Street to Virginia Street 7. Wright Street, from Post Street to Virginia Street 8. Stinson Street, from Post Street to Virginia Street 9. Braniff Street, from Post Street to Virginia Street 10. Eastern Street, from Post Street -Old Robstown Road Intersection to Virginia Street The final corrected final assessment roll reflects an increase of $581.67 to $106,999.99 from $106,415.32, the amount of the assessment roll approved at the closing of the public hearing on this project. ORDINANCE NO. 11463 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: AUSTIN SCHOOL AREA STREETS IMPROVEMENTS UNIT #1, PORTIONS OF VERACRUZ,GUATEMOZIN, BALBOA, PUEBLO, SHANEE, HIAWATHA, VIRGINIA, TORREON; CORTEZ, ZAPATA, GLORIA, ZARAGOSA, ITUR8TDE, HIDALGO, SANTA ELENA, NAVAJO,:CARMEN; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS'AND'SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 25, 1973 Page 4 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11465 • DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: COLUMBIA DRIVE FROM THE SOUTH RIGHT-OF-WAY LINE OF LOLITA STREET TO THE NORTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE CGUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". Motion by Gonzales, seconded by Stark and passed, that the City Manager's Reports, Items "a" through "d" be accepted and that the requests and recommendations be granted and approved as presented by the City Manager. Commissioner Branch made a suggestion to the Council that the old swing bridge at the Intracoastal Canal be turned into a lighted fishing pier after the new bridge is completed. City Manager Townsend stated this is a possibility and would be investigated. Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ruben Davila appeared on behalf of the United Families of LaArmada Park, alleging that a number of persons had been unjustly attacked, harassed and' slandered, by Patrolman P. R. Rivera on Easter Sunday, April 22. He stated this patrolman showed lack of wisdom in carrying out his duties which indicated that his presence on the Police Force "hindered more than it enhanced the already weak con- fidence a lot of people already have in the Force." He alleged police brutality and requested that this patrolman be removed from the Force. Mrs. Mary Helen Flores appeared as spokesman for a group of approMimately fifty persons in the audience requesting that the City Council take action against the policeman whom she alleged caused the disturbance on Easter Sunday May 22 at LaArmada Park. She stated she was present and involved, described the incidents which took place, and stated that the patrolman over -reacted when answering a call in the park to investigate a broken car windshield. She stated her brother, Ale- jandro Gonzales, had been hitting some golf balls during the family outing; that Minutes Regular Council Meeting April 25, 1973 Page 5 • the policeman had immediately accused him of breaking the windshield without asking questions; that her 15 -year old daughter had been arrested and taken in a police car to the Police Station without another adult in the car, and that the arresting policeman had used profanity in her presence; that the disturbance became out of hand and women, babies and small children, including a pregnant woman, had been pushed, knocked down, and kicked during the disturbance; that they were bruised and bleeding. She called the pregnant woman and two teen -aged girls to the front of the Chamber to demonstrate alleged cuts and bruises. Mrs. Flores also alleged that the Police Chief had not responded to her call when she got to the Police Station and that she had called her attorney, Tony Bonilla. She stated the Staff had not started an investigation until after she brought pressure to bear. She alleged that these people were being judged because of where they live, and requested that the Council take action against the policeman and that he be suspended from the Force. Mrs. Flores, Mr. Davila, and alleged victims in the audience, were questioned by the City Manager and members of the Council as to particulars of the incidents which occurred in the park. Mayor Sizemore explained that a thorough investigation was under way, and that the Police Chief and the Staff are attempting to hear both sides of the story. Spokesmen were urged to make their statements either at this meeting or at a meeting to be arranged by Assistant City Attorney, Jim McKibben, in the City Attorney's office for complete depositions of each victim or witnesses who wished to make a statement, and in response to this request, approximately 10 persons in the audience indicated they had statements to make. They were invited to go immediately to the City Attorney's office for the purpose of taking depositions. Mrs. Eva DeAses stated that the gathering of the subject family in LaArmada Park on Easter Sunday had been planned originally to avoid crowds and the usual hazards of holiday activities. She urged the Council to take the appropriate action that the Chief of Police had failed to take. She expressed confidence in the Mayor and Council, and particularly expressed satisfaction to City Manager Townsend's approach to the problem. Mrs. Sandy Connell, 11214 Blake Street, appeared and called to the Council's attention the lack of lights after midnight in the ball park located behind the Police Station. She pointed out a need for these lights for the protection of • Minutes Regular Council Meeting April 25, 1973 Page 6 police officers, particularly since one officer had been murdered there and others shot at. She commented that she felt this City has one of the most humane police departments in the United States. City Manager Townsend explained that the question of how the area around the Police Station is lit is left to the Police Chief, and that he had not beenmade aware of any problem. He asked Mrs. Connell to make her complaints known to the Chief of Police, and that he would in turn transmit them to him. 2ND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY DELETING THEREFROM REFERENCE TO SWANTNER STREET BETWEEN LOUISIANA AVENUE AND OHIO, EAST SIDE, AND BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON BOTH SIDES OF SWANTNER STREET, BETWEEN LOUISIANA AVENUE AND TEXAS AVENUE; PROVIDING FOR PUBLICATION; PROVIDING SEVERANCE. The foregoing ordinance was read for the 2nd time and passed to its third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11464 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEER- ING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF PORTIONS OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS - AUSTIN SCHOOL AREA STREETS IMPROVEMENTS UNIT #1: VERACRUZ, GUATEMOZIN, BALBOA, PUEBLO, SHAWNEE, HIAWATHA, VIRGINIA, TORREON, CORTEZ, ZAPATA, GLORIA, ZARAGOSA, ITURBIDE., HIDALGO, SANTA ELENA, NAVAJO AND CARMEN STREETS; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMIN- ING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD JUNE 6, 1973, AT 7:30 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11466 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEER- ING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: COLUMBIA DRIVE FROM THE SOUTH RIGHT-OF-WAY LINE OF LOLITA STREET TO THE NORTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNES- DAY, JUNE 6, 1973, AT 4:00 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting April 25, 1973 Page 7 ORDINANCE NO. 11467 AMENDING ORDINANCE NO. 10937, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 28TH DAY OF JUNE, 1972, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: 1. MORAVIAN DRIVE, FROM PADRE ISLAND DRIVE TO McARDLE ROAD; 2. BEECHCRAFT, FROM POST AVENUE TO RYAN STREET; 3. FLEET AVENUE, FROM RYAN STREET TO BEECHCRAFT AVENUE; 4. FAIRCHILD STREET, FROM POST STREET TO VIRGINIA STREET; 5. CUB STREET, FROM POST STREET TO VIRGINIA STREET; 6. LOCKHEED STREET, FROM POST STREET TO VIRGINIA STREET; 7. WRIGHT STREET, FROM POST STREET TO VIRGINIA STREET; 8. STINSON STREET, FROM POST STREET TO VIRGINIA STREET; 9. BRANIFF STREET, FROM POST STREET TO VIRGINIA STREET; 10. EASTERN STREET, FROM POST STREET -OLD ROBSTOWN ROAD INTERSECTION to VIRGINIA STREET AS HEREINAFTER PROVIDED; KEEPING IN EFFECT ALL OTHER PROVISIONS OF SAID ORDINANCE 10936; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". Mr. Davila asked to speak again and complained of procedures employed at the City Jail for taking care of sick prisoners. He made specific reference to the recent treatment of a 48 -year old merchant seaman who died in the jail last Sunday. He alleged the prisoner had begged for help for two hours before he died of a bleeding ulcer. He stated he had received his information from persons in the jail at the time, and that they had tried to render aid. City Manager Townsend stated he was aware of the seaman's death but he had not been aware of any neglect; that instructions to the Jailer is to take immediate care of the health of prisoners at all times, and that he would investigate the circumstances of this incident to determine if the Jailer was negligent in not sending the prisoner to the hospital. Mayor Sizemore announced a brief recess during which time the Council held a meeting of the Corpus Christi Municipal Gas Corporation. The meeting was reconvened for the purpose of making appointments to Boards & Committees. Motion by Stark, seconded by Gonzales and passed, that Harry Pinson, M. L. Ramirez and Odell Ingle, be reappointed to serve on the Board of Equaliza- tion for the current year. There being no further business to come before the Council, motion by Stark and passed, that the meeting be adjourned at 4:35 p.m., this 25th day of April, 1973. f I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of April 4, 1973 to April 25, 1973, inclusive, and having been previously approved by Council action, are by me hereby approved. • u RONNIE SIZEM City of Corpus Christi or OS