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HomeMy WebLinkAboutMinutes City Council - 03/10/1976PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo de Ases Ruth Gill Gabe Lozano, Sr. Edward Sample Christ. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 10, 1976 2:00 P.M. City Manager R. Marvin Townsend Executive Assistant City Attorney Michael May City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chambers of City Hall. The Invocation was given by Reverend Roy Simmons of the Southside Church of City Secretary Read called the roll of those in attendance and stated there was a quorum of the Council and the necessary Charter Officers present to have a legally constituted meeting. Motion by Tipton, seconded by Lozano and passed, that the Minutes of the Regular Meeting of February 25, 1976 be approved as submitted to the Council. Mayor Luby announced the issuance of the following Proclamations: National Young Audiences Week, March 14 through 20, 1976; and Campfire Girls Week, March 14 through 20, 1976. Motion by Lozano, seconded by de Ases and passed, that Council Member Gulley's absence be excused as he is out of the City at the present time. Mayor Luby recognized a group of students attending the Council Meeting; they were 2nd, 3rd and 4th graders who were on a field trip from Faith Christian Academy. Mayor Luby presented a retirement plaque to Mr. 0. W. Till, an Inspector II with the Building Division, who completed 13 years of service with the City. Mayor Luby announced the bid opening for removal of obstructions in the Corpus Christi Beach Project; that the obstructions include existing piling from abandoned fishing piers and various concrete and wooden structures, and the work is necessary before the beach restoration project can begin. Director of Engineering and Physical Development James Lontos opened and read bids from the following firms: The Goldston Company, R. S. Black, Southwest Rathgeber Company and W. T. Young Construction Co. He also opened a bid from Southwest Construction Company; bit since that company did not submit the cashier's check as required in the specifications for the project, their bid was not read, and their proposal was rejected. The foregoing bids were tabled for forty- ' eight hours as required by the City Charter, and referred to the Staff for tabulation and recommendation. Minutes Regular Council Meeting March 10, 1976 , Page 2 Director of Engineering and Physical Development James Lontos announced the public hearing on the closing of Hirsch Street from North Water to North Chaparral; he explained that the street would have to be modified to provide parking for the Harbor Playhouse, and showed a map of the area. Mayor Luby called for those from the audience who would like to speak in opposi- tion, and Mr. Joe Dreiss informed the Council that the closing of that portion of Hirsch Street would partially block access to his cafe on Hirsch Street; also that that particular part of Hirsch Street is utilized by truckers to gain speed necessary for crossing the Harbor Bridge. In response to an inquiry by Council Member Tipton, he explained that his cafe is not presently open, as they are on vacation, but is operational; that they intend to wait until the City's plans for the area can be ascertained before remodeling and reopening. No one from the audience spoke in favor of the closing. Motion by Tipton, seconded by Lozano and passed, that the hearing be closed. Motion by Gill, seconded by Sample and passed, to close that portion of Hirsch Street from North Water to North Chaparral. - Mayor Luby called for the City Manager's Report, and City Manager Townsend presented the following recommendations, with related comments and explanations: a. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on March 31, 1976 on the following zoning applications: (1) United Savings: "AT" and "B-4" to "I-2", located adjacent to U.S. #181 at the south approach to Nueces Bay Causeway. (2) Text Amendment to Zoning Ordinance - to provide for the operation of promo- tional events in relationship to a shopping center or major business. (3) DEK Dairy Queen: "A-1" to "B-1", located on the west side of Waldron Road, 650' north of Glenoak Road. b. Recommendation that the app al of Mr. Frank Cervera of a decision of the Building Standards and Housing Board of Appeals ordering the demolition of 4 buildings at 2929 Sunrise and the repair of 4 others within 6 months be heard on March 17, 1975. c. Recommendation that bids be received at 11:00 a.m., Tuesday, March 30, 1976 for the following budgeted items: (1) (2) A replacement 30 h.p. small trenching machine for the Park Department. One additional and one replacement 60" trailer -type rotary mower for the Park Division and one replacement 15' trailer -type rotary mower for the Airport. d. Recommendation that bids be received at 11:00 A.M., Tuesday, April 6, 1976 for 23 additional combination plexiglass safety shields and roll bars for Police Department patrol vehicles. There are presently 40 patrol vehicles of which 15 have shields. The shields protect the officer from possible assault by prisoners and allow transportation of prisoners by one man patrol units. M_ s Regular Council Meeting March 10, 1976 Page 3 *e. Recommendation that 7,800' of aluminum electrical cable and split bolt connectors be purchased from Graybar Electric Company, Corpus Christi on basis of low bid of $2,537.23. The aluminum cable was bid as an alternate and represents an overall savings of $2,190.41 over the smaller size copper cable. This cable will provide electrical power to two 2,000 GPM return wash water pumps recently purchased for use at the Stevens Filter Plant to eliminate the discharge of filter wash water into the Nueces River, conserving approximately 11 million gallons of water per day. (Later Revised.) f. Recommendation that the Brownlee -Staples Intersection, Blundell Drive and Dodd Drive Street Improvements be accepted and final payment of $7,019.82 for a total of $22,766.40 be made to Asphalt Paving & Construction Company. The contractor exceeded the allotted working time by seven days. A 7 day extension is recommended because of the City's request to defer the Brownlee -Staples intersection work until after the Christmas holidays. Recommendation that $4,058.39 from Park T ust Funds be appropriated to reimburse the General Fund for construction work performed by the Park Department in Lindale Park. Improvements include an irrigation system in Jaycee Field and a portion of the irrigation system around the Senior Citizens Center in Lindale Park. h. Recommendation that the Texas Mexican Railway Company be authorized to install a railroad crossing safety device at the intersection of Navigation Blvd. and Agnes Street and $6,200 be appropriated. This device will be interconnected with traffic signal improvements at the intersection under the 1972 bond program to provide safety when trains are crossing Navigation. i. Recommendation that the proposed maturity schedule for the April 21 sale of $3,500,000 of general obligation bonds be approved. $100,000 of bonds would be retired each year from 1977 thru 1981 and $200,000 each year thereafter thru 1996. Average life of the bond issue would be 11.4 years. This compares with 11.6 years for the sale of $6,800,000 on March 1, 1975 and $3,900,000 on April 1, 1973. During 1975-76 the City will pay off $4,464,000 of general obligation bonds and $120,000 of wastewater revenue bonds. Recommendation that a contract for the construction of the Harbor Playhouse parking and access improvements be awarded to Asphalt Maintenance Company, Inc., for $26,948.80 after deleting by change order the following: Item No. 1 - Reduce compaction requirements for embankment Deduct: $1,150 Item No. 5 - Delete removal of small structures except the sign Deduct: $3,100 Item No. 9 - Delete seed bed preparation Deduct: $4,500 An appropriation of $30,000 is requested for the contract, engineering and related expenses. g• J• k. Recommendation that a five-year lease of the Harbor Playhouse be granted to Little Theatre of Corpus Christi, Inc. The building is being constructed by the Earl C. Sams Foundation under an agreement between the City and Little Theatre approved by the City Council on April 4, 1973. The agreement provides that, upon comple- tion of the construction, the building will be donated to the City, and the City will enter into a lease with Little Theatre. The lease provides for renting the building on a reasonable time basis to other public groups, according to an established rate schedule, with Little Theatre having a priority for scheduling its productions and rehearsals. The City will be responsible for grounds mainte- nance. The Little Theatre will pay all operating costs. Utility and insurance costs will be paid by the City to be reimbursed by the Theatre. Concession activities are to be operated by the Theatre and made available to other users. 1. Recommendation that a contract be approved with the Navigation District under which the District will be responsible for construction, maintenance and operation of an Observation Deck under the Harbor Bridge overlooking the Port entrance. On February 3, a multiple -use agreement was approved with the State Department of Highways and Public Transportation authorizing this use of highway right-of- way. This agreement will transfer construction, maintenance and operation responsibilities to the District. Minutes Regular Council Meeting March 10, 1976 Page ,4 m. Recommendation that a 5 year lease agreement be approved with the Continental Pony League for a tract of land approximately 348 feet by 375 feet at South Guth Park. The League has been using this area since 7952. The Park and Recreation Board so recommends. n. Recommendation that a 5 -year lease renewal with the Padre Little League be approved for approximately 700' x 320' of land at the Holly Road reservoir. Since one or two additional 121 million gallon storage tanks may be constructed at the site during the term of the lease, the lease provides that upon 90 days notice the Little League will relocate the facilities at its own expense. The Park and Recreation Board recommended renewal at its January 20, 1976 meeting. o. Recommendation that the Land Drilling Ordinance be amended to designate additional approximate 40 -acre drilling blocks for that acreage annexed since May, 1972 by creating new drilling blocks 1613 through 1665 excluding existing drilling block 1616 and enlarging existing drilling block 1064. The land included in these drilling blocks is at Calallen, Corpus Christi Beach, and the Barney Davis CP&L Plant site at Flour Bluff, and along Saratoga Blvd. p• q• Recommendation that a lease renewal be approved with the Corpus Christi Independent School District for continued use of Washington Elementary School. The City will continue to use the facilities for the Senior Citizens program and is subleasing the unused space to community service organizations such as HIALCO Neighborhood Council. The lease continues the City's responsibility for utilities, insurance, and building maintenance. The lease is for 3 years with an option to extend for an additional 3 years, and provides both parties with the right to cancel on 60 days' notice. Recommendation that $20,750 be reappropriated out of the 6th Entitlement Period, General Revenue Sharing Reserve, for payment of the special commissioners condemnation award of $20,000, commissioners' fees, court costs and appraisers costs ($750) in connection with acquisition of Parcel No. 304 on Corpus Christi Beach owned by Mrs. Ruth M. Juergens. The original appraisal value of the property in'1973 was $16,250. The parcel is located north of Sandbar Street. r. Recommendation that the following programs be requested as priorities for the 1976-77 Criminal Justice Division Grant Program, as follows: CRIMINAL JUSTICE DIVISION GRANT PROGRAM Priority Current Request 1976-77 Program Grant Expires 1976-77 1. Organized Crime Control Unit $75,000 3-1-76 $ 42,1404 2. Narcotic Task Force 67,357 3. Rape Crisis Center 30,544 2-1-77 30,912 4. Police Information_ System 21,215 5. Night Magistrate 15,125 4-1-77 15,110 6. Polygraph and Crime Scene Search (Equipment only) 5,836 7. Youth Bureau 132,094 12-31-76 133,000 8. Police Legal Advisor 33,375 6-30-76 33,375 9. Planning and Research 32,207 10-30-76 32,207 Total $318,345 $381,152 1. ..es Regular Council Meeting March 10, 1976 Page 5 Motion by Sample, seconded by de Ases and passed, that item "e" be changed to read as follows: e. That 7,800' of copper electrical cable and split bolt connectors be purchased from G. E. Supply Company, Corpus Christi, on basis of their bid of $5,351.64. This cable will provide electrical power to two 2,000 GPM return wash water pumps recently purchased for use at the Stevens Filter Plant to eliminate the discharge of filter wash water into the Nueces River, conserving approximately 111 million gallons of water per day. - Mayor Luby informed the City Manager that Chapter 244 of the AARC told him that they did not have a microphone at the Lindale Center, which creates a substantial problem during their meetings, as the speakers cannot be heard. He added that some of the members had planned to address the Council today in order to make the problem known, but he had advised them that he would bring it before the Council so they would not have to make the trip here. City Manager Townsend responded that there should be a portable voice amplifier at each senior citizens center; that the Staff would immediately check into the situation. Mayor Luby called for anyone from the audience who would like to speak regarding any item on the City Manager's Report. ,Mr:`Sose DeJesius Garcia, spoke out of order, protesting the treatment -by Mexican J,.policemen to fellow Mexican citizens, which he felt was unfair; he asked that the Council take the Mexican people off the police force and replace them with another minority. Mr. Gene Seaman, with the Little Theater, addressed the Council relative to item "k", thanking Bill Hennings and the rest of the City Staff for the many hours they had devoted toworking out the details of the lease of the Harbor Playhouse to the Little Theatre. Motion by Tipton, seconded by Sample and passed, with Luby voting No on item "q", that the City Manager's Reports be granted, approved and adopted, as presented by City Manager Townsend. Mayor Luby called for the ordinances, and City Manager Townsend presented the following ordinances, with related comments and explanations: FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR AIRPORT LIMOUSINE FRANCHISE AGREEMENT WITH BOB G. WELCH AND RUBY WELCH DBA AIRPORT LIMOUSINE SERVICE, UNDER THE TERMS AND CONDITIONS SET FORTH IN THE FRANCHISE AGREEMENT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND PROVIDING FOR PUBLICATION. 'The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, Gill, Sample, present and voting "Aye"; de Ases and Lozano present and voting "Nay"; Gulley absent. Minutes Regular Council Meeting March 10, 1976 Page 6 FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CONTINENTAL PONY LEAGUE FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA IN SOUTH GUTH PARK FOR A TERM OF FIVE YEARS, ALL 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"; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and ' voting "Aye"; Gulley, absent. FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH LITTLE THEATRE CORPUS CHRISTI, INC., FOR USE OF THE HARBOR PLAYHOUSE, FOR A TERM OF FIVE YEARS, ALL 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"; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A FIVE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT, LEASING TO SAID PADRE LITTLE LEAGUE A TRACT OR PARCEL OUT OF THE HOLLY ROAD RESERVOIR SITE, MORE FULLY DESCRIBED HEREINAFTER, FOR ESTABLISHMENT AND MAINTENANCE OF A RECREATIONAL AREA, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. FIRST READING OF AN ORDINANCE AMENDING THE LAND DRILLING ORDINANCE, NO. 8879, AS AMENDED, BY DESIGNATING ADDITIONAL 40 -ACRE DRILLING BLOCKS TO ACREAGE ANNEXED BY ORDINANCE NOS. 10968, 10992, 10993, 11201, 11449, 11450, 11451, 11631, 11645, 11641, 11644, 11643,,,, 11878, 11879;'11946,-11947, 12104,"12105, 12306, 12307, 12390, 12391, 12903 AND 12914", AND CREATING NEW DRILLING BLOCKS 1613 THROUGH 1665, EXCLUDING EXISTING DRILLING BLOCK 1616,'AND ENLARGING EXISTING DRILLING BLOCK 1064. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GORDON W. BILLINGS DBA BILLINGS BAIT STAND CONCERNING USE OF TRACT 14 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. HOMER BENSON, DBA HOMER'S RAINBOW BAIT STAND CONCERNING USE OF TRACT 12 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. 38 Regular Council Meeting March 10, 1976 Page 7 SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LOUIS E. RAWALT DBA THE COASTWAY CONCERNING USE OF TRACT 8 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. FLOYD BEAUREGARD, DBA FISHERMAN'S FOLLY CONCERNING USE OF TRACT 7 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EUGENE B. OLSZEWSKI, DBA B. G.'S MARINA CONCERNING USE OF TRACT 6 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. FRANK MOORE, DBA PARKER'S BAIT STAND CONCERNING USE OF TRACT 4 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH S. A. KIMBRELL, DBA RED DOT BAIT STAND CONCERNING USE OF TRACT 2 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by •the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. HENRY BLACK, DBA BLACK'S BAIT STAND CONCERNING USE OF TRACT 1 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample,. present and voting "Aye"; Gulley absent. Minutes Regular Council Meeting March 10, 1976 Page 8 • SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. JOHN BEAN, DBA JOHN BEAN PIER, CONCERNING USE OF TRACT 13 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. ORDINANCE NO. 13063 APPROPRIATING THE SUM OF $4,058.39 OUT OF THE NO. 111 PARK TRUST FUND, ACCOUNT NO. 1757, FOR CONSTRUCTION OF AN IRRIGATION SYSTEM BY PARK DEPARTMENT CONSTRUCTION CREWS IN LINDALE PARK; AUTHORIZING REIMBURSEMENT OF THE SAID SUM TO THE NO. 102 GENERAL FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting."Aye"; Gulley absent. ORDINANCE NO. 13064 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT• WITH NUECES COUNTY NAVIGATION DISTRICT NO. 1 FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF THE OBSERVATION DECK UNDER THE HARBOR BRIDGE OVERLOOKING THE PORT ENTRANCE, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. ORDINANCE NO. 13065 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAINTENANCE CO., INC. FOR CONSTRUCTION OF COMMUNITY THEATRE PARKING AND ACCESS IMPROVEMENTS IN THE BAYFRONT SCIENCE PARR, AND AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 IN THE DEDUCTIVE AMOUNT OF $8,750; APPROPRIATING AND REAPPROPRIATING $30,000, OF WHICH $26,948.80 IS FOR THE CONSTRUCTION CONTRACT AND $3,051.20 IS FOR INCIDENTAL AND RELATED EXPENSES, OF WHICH TOTAL APPROPRIATION $20,000 IS OUT OF THE NO. 111 TRUST FUND, ACCOUNT NO. 1730, ALL BEING FOR THE CONSTRUCTION CONTRACT, AND $10,000 IS OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4181, CODE 502, OF WHICH $6,948.80 IS FOR THE CONSTRUCTION CONTRACT AND $3,051.20 IS FOR INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. ORDINANCE NO. 13066 AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF THE TEXAS MEXICAN RAILWAY COMPANY FOR THE INSTALLATION OF A RAILROAD CROSSING SAFETY DEVICE ON THE AGNES STREET RAILROAD TRACKS (2 SETS) AT THE INTERSECTION OF NAVIGATION BOULEVARD AND AGNES STREET, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $6200 FOR THE ESTIMATED COST OF INSTALLATION OF THE RAILROAD CROSSING SAFETY DEVICE, APPLICABLE TO PROJECT NO. 220-72-13.2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. _ar Council Meeting March 10, 1976 Page 9 ORDINANCE NO. 13067 AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE USE OF WASHINGTON ELEMENTARY SCHOOL FOR THE CONTINUED OPERATION OF A MULTIPURPOSE SENIOR CENTER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present: and voting "Aye"; Gulley absent. RESOLUTION NO. 13068 COMMEMORATING AND HONORING CHIEF RED FOX UPON HIS DEATH; DECLARING AN EMERGENCY. The Charter Rule was suspended and'the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley absent. FIRST READING OF AN ORDINANCE APPROPRIATING $20,750 OUT OF THE SIXTH ENTITLEMENT PERIOD, GENERAL REVENUE SHARING RESERVE, ACTIVITY 6706, FOR AWARD OF SPECIAL COMMISSIONERS, COMMISSIONERS' FEES, COURT COSTS AND APPRAISER'S COSTS, ALL IN CONNECTION WITH ACQUISITION OF PARCEL NO. 304, CORPUS CHRISTI BEACH PARK SITES, IN CONDEMNATION,' STYLED CITY OF ,CORPUS CHRISTI VS. RUTH M. JUERGENS, ET AL. ,Rhe foregoing ordinance was read for the first time and passed to its second reading' by the following vote: Tipton, de Ases, Gill, Lozano and Sample; present and voting "Aye"; Luby voting "No"; Gulley absent. Responding to a request by Council Member de Ases, who was absent from last week's Council Meeting, City Manager Townsend reviewed for him the discussion and action of last week's meeting relative to the ordinance on today's agenda for its first reading, `awarding the airport limousine franchise to Bob and Ruby Welch. There was no discussion from the audience regarding any of the ordinances. . Mayor Luby asked that the Council be polled for their vote. City Secretary Read stated that according to his tabulation all ordinances voted upon passed. Mayor Luby read the Resolution just passed by the Council honoring Chief Red Fox. Mayor Ldby called for petitions or information from the audience on'matters not scheduled on the agenda. Mr. Bob Giltner, President of the Geographical Society of Corpus Christi, spoke lin support of the deregulation of natural gas; he distributed copies of the "Analysis of !Partial Deregulation of Natural Gas and the Independent Wildcat Producer".to the .Council, and agreed to provide the Council with a brief summary of same for their convenience. Me. Pat Sullivan stated she is a friend of Olga and Rudy Gonzales, and protested 'alleged police brutality during their arrest last weekend on charges of drunk and disorderly ,conduct by Mr. Gonzales, and disorderly conduct by Mrs. Gonzales. She stated that Mrs. Minutes Regular Council Meeting March 10, 1976 Page 10 ce1F,.r r ,rx 5t; . r .., .'- ..n ft", t•., > > r,;,. irn '' .., Gonzales is now hospitalized as a result of injuries sustained during the incident; 9P0.:'(1 fir.,, fr- „S (', 'fi�JL% '-x .,i, -u,4- -,'T r'-"' ,.' ' that there are bruises on her body. She added that this sespecially tragic since :9r}" 1`f! i x',:.• G.' .,' 3 ,,r t'e - 4.t ,..•a{ " 4.-:: , t••1 Mrs. Gonzales has been active in the community in the past, and had worked toward establishment of a police community relations team; further that she had recently announced candidacy for public office, and this incident might ruin her chances for election,Ms. Sullivan maintained t'She'stated that the Gona'aleses'will file formal 114 charges of police brutality after legal rconsultation.-'- consultation.-'-'''' ' Ms. FSullivan said that'since`this occurred,` more reports' of brutality by the' local police force have come to light. She urged the creation of an independent police review board made up of citizens with several ethnic backgrounds, to check'into this S y0. A : ., ;-I;: I•'. : .il. i 'I _1 LJ- ,:t.tt ;ST. : 44G '-4, , •.3"`•, •, matter and review other cases. ' City Manager Townsend responded that Mr. and Mrs. Gonzales and her attending physician have so far refused to issue statements regarding the matter, and that reports from the hospital indicate that Mrs. Gonzales can leave at any time. He said that _witnesses in a two -block radius iWho were questioned reported 'no^severe arresting measures-- only that two hands were,placed on Mrs. Gonzales' arms and she was put into the police car; that why or how ishe 'wad 'hurt remains 4unknowntothe'Staff,''who has already spent" Mr t:4. - r,•. r:,, 1 , c -r ,-, • ,. _ over 100 hourschecking'into'the situation.' He'stressedrthat the total offense involved was that the drivel of the car failed to dim his iights;"t1 t itis not known why the P ra, , i . - „Gonzaleses,interfered:' Mr: Townsend reiterated that they would welcome a statement from t_.t ...:4- • ..._, .. Yer.r" .,411 +-'_ '^0'3 ;i'3YCi,,<<'' 13,. "Y.. ' ,. L`E- t-,'3 F.,:F:'' Qat FI,::[i:✓- 1''o-' •; r, F ,a, - , 1 ,•-- ',--, anyone who is aware of what happened; and'that there have b:en'no,charges or letters. of complaint. filed: u. .,C 1 li `:I',Sc'i a•ti:d',:' h'v:z. 4'.1,,:) T1' 1' 1,'.;S ri9.Srr/i' it,- i Et,• Ms Sullivan„ replied that ,Mrs. ,Gonzales has 'riot been''able "to get up out' of bed '0, 0 ]° •_::.i.::i ., ..•:� .'v .A., - 4.,L •v4., 4,;,4,11,17,' S rt:}.' ::;e, and ' on fiTet e' ''bfee(et. 'ai! O1 ' L!: 'i UT{+ I%n' I'✓,U ;!0)'\24 C1 . :;Yrf- r. City Manager Townsend stated again that they,would appreciate a_wren_st itt_atement „il+G I::. 1,LL•q r�tS-'n „4. S. 7,. F1, .,, :i {i •.:11;7:71 rr.F'[7-t:"T4U n', -i L'-. •, 'Y./ of_charges. Ms. Agnes Horne'spoke'in agrement'with'Ma'n Sullivan and in'support of establish- ment of a police review board. '`SheYstate"eihat'"people go into (our City) jail fine, and ',7 LLaif . .come out with broken bones and cuts, and the police do not know,anything about them, but +uF ./a 4• _r;1 1•i. ,.:U .s_ nle,' fu•n..':rtk 'a'd 4.014.;JAo -they do all of the investigations:" She said she'knows some,of theAdcal police officers nrIT ,have "no business" being liolicemen; that -some of them "love'to hurt people'; She also :tC,s'J...,,_ s -:=r 1..• ,_.c_rt :? ,9T. i;.rr: -o J:t WI y , i.,:,+ar:'a.,, na: ,.-,,. cr. • 'r T' T'r :1.,..t 'P.',r' -• cited that children cannot have respect f'or `the police force;when the officers use .-,..tu•'! „Sri '.1. .. ._ 4.','r . , ,_a 0: -'31 ..1:1.4 .,"':.rI*•;tLW , ;:C':n<r' r r , �.j, .,. .�,.r. 4.tr.• ; z •. ,+:•,;'. ' •_ - T0., .; ., ?:+- 1. w tits vulgarities when stopping and questioning them.''' '-•r-'+ ;••1 1,'r' TJc CUF. ' 441E �l- . ,• • i. _es Regular Council Meeting March 10, 1976 Page 11 'rr 4 Mayor Luby asked Ms. Horne to provide him with any specific case of police brutality; Ms. Horne stressed that the problem is that they don't have any proof of unfair treatment. Mayor Luby responded that he thinks we have a fine police force and he supports our police department, but will personally investigate the charges involving the Gonzales' case. Mr. Ed Ostergaard said that he shares the concerns about the incident; that he has known Olga Gonzales for quite some time; and that although he "does not know why", he is "sure she has a very good reason for not wanting to say anything at the present time", but he "cannot be positive." He stated he opposes the concept of a citizens police review board, because he feels "there are enough investigative bodies within t our City government and adequate personnel to handle the problem, should there be a ,problem." 1 Mr. Benny Benavides suggested the City obtain pamphlets from the Civil Rights Bureau in Washington and distribute them to the police officers. Mr. John Nolen, president of the Corpus Christi Police Officers' Association, read a prepared statement in opposition to a civilian review board; that they would have to be competent, trained investigators and unbiased judges, and he would question ,the selection process of any members to such a board; that creating this board would be a superficial attempt to deal with a complex problem. He stated he felt such boards in other cities accomplished little except to hurt police morale. He stressed the many :avenues already available to persons with complaints against police treatment they ;received. A prophetess appeared before the Council and stated she had a vision from the ,Lord and must forewarn the people of the upcoming dangers in these troubled times; hut ,that the local churches had -refused to allow her to speak. Mayor Luby explained that she could not be permitted to speak during a Council Meeting; that the churches are probably the best avenue open to her. A lady from the audience informed her of a meeting at a local church where her message would be welcomed.. City Manager Townsend informed the Council that the microphone at the Lindale -Center had apparently been stolen; that they will replace it, and until that time a unit can be transferred from the Greenwood Center when needed. There being no further business to come before the Council,,on Motion by Tipton, seconded by Sample and passed, the Regular Council Meeting of March 10, 1976 adjourned at 3:31 p.m.