HomeMy WebLinkAboutMinutes City Council - 09/08/1976PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Council Members:
Eduardo E. de Ases
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 8, 1976
2:00 P.M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luby called the meeting to order in the Council Chambers of City Hall.
The Invocation was given by Council Member Lozano.
City Secretary Read called the roll 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 Sample and passed unanimously, that the Minutes
of the Regular Council Meeting of August 25, 1976 be approved as submitted.
Mayor Lubyannounced Proclamations for National Hispanic Heritage Week,
September 12-18, 1976; and Mexican Fiesta Week, September 13-20, 1976.
Mr. Terry Dopson, Director of the Parks and Recreation Department, introduced
Mr. Charles Blalock, President of the Corpus Christi Teenage Connie Mach Baseball
League, and Mr. Richard Elizondo; Manager of the Corpus Christi Boys', Club Team in
that league, which recently won the Connie Mach World Series. Mr. Blalock thanked
the Council, the City and the community for their support of the Boys' Club team.
Mr. Elizondo presented the City with the baseball used in the championship game against
Long Beach, California, adding that the ball was autographed by all the players and
coaches on the team.
Mayor Luby presented retirement plaques to the following City employees: Mr.
Louis G. Peters, with 21 years of service in the Building Inspection Department; Mr.
Alberto Buena, after 19 years of service with the Coliseum; Ms. Frances M. Porter, after
20 years of service with the Recreation Department; Lt. J. 0. Casbeer, with 35 years of
service in the Police Department; and Sgt. Sylvan M. Ward, with 31 years of service in
the Police Department.
Motion by Gill, seconded by Lozano and passed unanimously, that the following
appointments to Boards and Commissions be approved and confirmed: to the Planning
Commission - the reappointment of Mr. Romeo Garcia, Mrs. Rosa Gonzales and Mr. Bob
Smith; to the Landmark Commission - the appointment of Mr. Terry Wood; to the Park
Minutes
Regular Council Meeting
September 8, 1976
Page 2
Board - the reappointment of Mr. Tom Hetzel, Mr. Jack Shults, and Ms. June Wilkerson,
and the appointment of Mr. Conrado Villarreal and Mr. Lloyd Pullam; and to the
Municipal Arts Commission - the reappointment of Mr. Raymond Freddie and Mrs. Margaret
Walberg and the appointment of Mrs. Maggie Fitzgerald, Mrs. Esther San Miguel Patterson
and Mrs. Mary Rindflish, as nominated by Mayor Luby.
Mayor Luby called for the City Manager's Report, and City Manager Townsend
presented the following items in considerable detail:
a. Recommendation that a public hearing be held at a Special Council Meeting
at 3:30 p.m. on September 29, 1976 on the following zoning applications:
1. Ms. Janet Ettel: "R-2" to "AB",located on the east side of South
Alameda Street midway between Texas and Angel Streets;
2. Mr. W. A. Blanton, Jr.: "R -1B" to "AB", located on the east side
of Everhart Road 192 feet south of Avalon Street;
3. Mr. Emil G. Habeeb: "B-1" to "B-4", located on the south side of
South Padre Island Drive 250 feet west of Clare Drive.
b. Recommendation that 10 items of budgeted radio equipment be purchased
through an existing contract between the General Electric Company and
the North Central Texas Council of Governments as follows:
4 110 watt mobile radios - 2 replacement for
Animal Control and 1 additional for Park and 1
additional for Gas.
Unit Price Total
$1,097 $4,388
4 additional 2 watt walkie-talkies for Police
(1 for Special Services and 3 for the Narcotics Task 835 3,340
Force)
1 additional 2 watt walkie-talkie and portable
charger for Parking Control 754 754
$8,482.00
Plus 1.5% administrative charge --- 127.23
GRAND TOTAL---- $8,609.23
The above prices are $2,899.69 or 33.68% lower than price quotations
submitted by three major suppliers for similar items during 1975-76.
(Bid Tab #66-76) .
c. Recommendation that the plans and specifications for the school Sidewalk
Program Unit VIII be approved and that bids be received on September 22, 1976.
These plans provide for standard sidewalk construction on Calallen Drive
to serve the Magee Elementary School, on Up River Road to serve Savage
Elementary School, Carroll Lane to serve the Kostoryz Elementary School,
and McArdle Road to serve the Central Park Elementary School.
d. Recommendation that the paving assessment public hearing held on
September 1, 1976 for: Leopard Street from Carancahua Street to
west of Palm Drive; Airline Road from Padre Island Drive to Williams
Drive and a part of Williams Drive, approximately 200' east and west of
Airline Road; be closed and the assessment roll be adopted. The roll
recommends adjustment to Item No. 7, property owned by Mrs. Vera Bray,
because of the odd shape configuration of the lot. The assessment
recommended would be $3,332.67 in lieu of $3,933.48. These projects
are both 1972 authorized bond projects and are being constructed jointly
by the City and State. The assessment rolls total $45,998.18 and include
18 items.
Minutes
Regular Council Meeting
September 8, 1976
Page 3
e. Recommendation that the final corrected assessment roll for the Molina
Area Unit II, Part "B" project be approved. The project has been
completed. The roll contains 330 assessments, totaling $199,220.37.
f. Recommendation that the consulting engineering firm of Callins, Haggard
& Associates be retained to prepare a condition and need study at the
Boys' Club relative to air conditioning, lighting, ventilation and
several other possible problem areas. The study will be used to determine
the priority of work for which 2nd Year Community Development Funds have
been allocated. Callins & Haggard will prepare detailed mechanical and
electrical plans for work authorized as a result of the study. The standard
fee of 12% will be reduced to 10% to provide some refund of the cost of
this work.
g. Recommendation that $7,136.74 be appropriated to provide for additional
engineering by McCaughan & Etheridge in connection with improvements to
the Westside Wastewater Treatment Plant. This is one of four projects
for which the City has applied for a 75% grant from the Environmental
Protection Agency. The original appropriation of $14,600 provided a
lump sum payment for preparation of the Infiltration -Inflow Analysis
($5,100) and $9,500 toward the cost of the Facility Plan and Environmental
Assessment on which a hearing was held on June 23, 1976. The Facility
Plan and Environmental Assessment fee is based on 25% of 9% of construction
cost now estimated at $700,000. The appropriation also includes $886.74
for 15 additional copies of the report.
h. Recommendation that $7,000 be appropriated for additional construction
inspection services by McCaughan & Etheridge on the Calallen Trunk Line,
Section 35A. The additional appropriations are necessary because the
cost per month was underestimated and the contractor has surpassed
construction time specified in the contract by at least 3 months. It
will be recommended that at least a portion of this additional cost be
recovered through liquidated damages charged to the contractor upon
completion of the project.
i. Recommendation that the ordinance adopting a deferred compensation plan
for City employees, which passed its first reading on April 28, 1976, be
amended to include the revised plan which received Internal Revenue Service
approval on August 23, 1976 and its second reading be placed on the
September 15, 1976 Council agenda. The plan could become effective imme-
diately upon final passage of the ordinance.
The plan will allow employees to defer part of their compensation and
attendant tax liability until retirement, death or termination of
employment with the City, whichever comes first. Employee participation
will be optional. When entering the plan, the employee will be required
to make an irrevocable choice as to the method of payment to the employee
or his beneficiary from the following alternatives:
j•
1. Lump sum payment
2. Installment payments over a period of 60 to 240 months
3. Installment payments of equal or nearly equal monthly amounts for
the remaining years of life expectancy in'accordance with standard
mortality tables.
The fund would be invested in U.S. government obligations and certificates
of deposit of banks and savings and loan associations up to the maximum
insured by the Federal Deposit and Federal Savings and Loan Association
Insurance Corporations. An advisory committee consisting of the Director
of Finance, Director of Personnel and City Attorney or their representatives
will oversee the program. Withdrawals from the plan prior to retirement
would be allowed only for serious personal financial hardship, beyond the
control of the employee, upon approval by the advisory committee. No
City contributions will be involved.
Recommendation that the 200 and 300 blocks of Chaparral Street and
the 300 and 400 blocks of Williams Street be closed to vehicular
traffic from 7:30 p.m. Friday, September 17, 1976, to 12:00 midnight
Sunday, September 19, 1976; and that the 400 block of Chaparral Street
and the 300 and 400 blocks of Lawrence Street be closed from 6:00 p.m.
Minutes
Regular Council Meeting
September 8, 1976
Page 4
Saturday, September 18, 1976 to 12:00 midnight Sunday, September 19, 1976,
so that the LULAC Ladies Council No. 26 can sponsor their 6th Annual
Fiesta Mexicana de Corpus Christi. Delaying closing of Lawrence Street
and the 400 block of Chaparral will eliminate bus detours and some business
interference.
*k. Recommendation that the City, as a sponsoring agency, ratify the 1976-77
MHMR Budget as adopted by the Board of Trustees and select the firm of
Miller, Prather, and Canine C.P.A.'s for the 1975-76 audit at a cost not
to exceed $8,000. The MHMR Board has also selected the CPA firm.
*During discussion of item "k", City Manager Townsend pointed out some work
contracted by MHMR without the Council's prior knowledge and approval, which he added
was not mentioned by MHMR during their meeting with the Council on September 1, 1976.
Upon Mayor Pro Tem Tipton's request, it was the consensus of the Council to withdraw
item "k" for one week for further discussion with MHMR during next Wednesday's Workshop
Meeting.
No one from the audience addressed the Council relative to the recommendations.
Motion by Tipton, seconded by de Ases and passed unanimously, that the City
Manager's Report (items "a" through "j") be accepted.
City Manager Townsend next presented the ordinances, with related comments
and explanations. There was no discussion from the audience pertaining to the ordinances.
City Secretary Read polled the Council for its vote. All ordinances passed, as follows:
FIRST READING OF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN
NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS
AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION
BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 1 FOR THE EXPANSION OF INWOOD PARK;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD
OWNER, CLINTON MANGES, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE.
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 voting "Nay".
SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AMENDED AGREEMENT LEASING THE SPACE, BUILDINGS AND FIXTURES AT 902 PARK AVENUE IN
SOUTH BLUFF PARK TO THE ART COMMUNITY CENTER, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
SECOND READING OF AN ORDINANCE AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND
LEISURE TIME ACTIVITIES, ARTICLE II, COLISEUM AND EXPOSITION HALL, BY AMENDING SECTION
36-41, BASIC RATE TABLE OF RENTALS, AND SECTION 36-43, CLASSIFICATION OF SPECIAL
SERVICES AND, SCHEDULE OF CHARGES, SO AS TO INCREASE RENTAL CHARGES IN EXPOSITION HALL
AND THE COLISEUM, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR EXCEPTIONS TO
THE SAID INCREASE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby voting "Nay".
•Minutes
Regular Council Meeting
September 8, 1976
Page 5
ORDINANCE NO. 13374
THIRD READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 12, BOATS, BAYS AND WATERWAYS, ARTICLE
III. MISCELLANEOUS REGULATIONS ON LAKE CORPUS CHRISTI AND OTHER BODIES OF WATER
DISCHARGING INTO NUECES RIVER, BY AMENDING SECTIONS 12-90, 12-91, 12-93, 12-94,
12-96 AND 12-97; ADDING A NEW SECTION TO BE NUMBERED 12-106, TO PROVIDE FOR
ENFORCEMENT OF THE PROVISIONS OF SAID REGULATIONS; PROVIDING FOR PENALTIES FOR
VIOLATIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING A SAVINGS CLAUSE.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby voting "Nay".
ORDINANCE NO. 13375
THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI PRESERVATION PLAN
PRESENTED BY THE CITY PLANNING COMMISSION AND THE CITY LANDMARK COMMISSION BY
INSERTING TWO NEW PARAGRAPHS IN THE PREAMBLE OF CHAPTER IV, IDENTIFICATION AND
INVENTORY, WITH RESPECT TO THE LIST OF LANDMARK SITES BEING FOR STUDY PURPOSES
ONLY, AND REQUIRING THE WRITTEN CONSENT OF EACH OWNER, AND ADOPTING SAID PLAN,
AS AMENDED, A COPY OF THE AMENDED PLAN BEING ATTACHED HERETO, IN SUBSTANTIALLY
THE SAME FORM, MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Luby, Tipton, Gulley, Lozano and Sample, present and voting "Aye";
de Ases and Gill voting "Nay".
ORDINANCE NO. 13376
THIRD READING OF AN ORDINANCE AMENDING SECTION 49-12 OF THE CODE OF ORDINANCES,
CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING THE SECOND PARAGRAPH OF SAID
SECTION SO AS TO HEREAFTER PROVIDE FOR PAYMENT OF $100 BY PETITIONERS REQUESTING
ESTABLISHMENT OR CLOSING OF PUBLIC STREETS, ALLEYS OR OTHER PUBLIC WAYS, TO COVER
EXPENSES OF MAILING NOTICES AND PUBLICATION COSTS; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 13377
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. LEOPARD
STREET - LOOP 407, FROM CARANCAHUA STREET TO WEST OF PALM DRIVE, 2. AIRLINE ROAD
(MH 143), FROM PADRE ISLAND DRIVE TO WILLIAMS DRIVE, AND A PART OF WILLIAMS DRIVE,
APPROXIMATELY 200 FEET EAST AND WEST OF AIRLINE ROAD; AND FINDING AND DETERMINING
THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN
VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A
LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting
"Aye".
ORDINANCE NO. 13378
AMENDING ORDINANCE NO. 12921, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH
DAY OF DECEMBER, 1975, 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. MOLINA DRIVE FROM NORTH RIGHT-OF-WAY LINE OF WEST POINT ROAD TO THE
SOUTH RIGHT-OF-WAY LINE OF HORNE ROAD; 2. BARRERA DRIVE, FROM THE NORTH RIGHT-OF-
WAY LINE OF WEST POINT ROAD TO THE SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET;
3. ANGELA DRIVE, FROM THE NORTH RIGHT-OF-WAY LINE OF WEST POINT ROAD TO THE SOUTH
RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; AND 4. VILLAREAL DRIVE, FROM THE WEST
RIGHT-OF-WAY LINE OF ELVIRA DRIVE TO APPROXIMATELY 175' WEST OF MOLINA DRIVE TO
CONNECT TO THE EXISTING IMPROVEMENTS, AS HEREINAFTER PROVIDED; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting
"Aye".
Minutes
Regular Council Meeting
September 8, 1976
Page 6
ORDINANCE NO. 13379
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CALLINS, HAGGARD &
ASSOCIATES, INC. FOR PROFESSIONAL SERVICES NECESSARY FOR A STUDY AND DESIGN OF
CERTAIN IMPROVEMENTS TO THE BOYS' CLUB, AS ENCOMPASSED IN THE 2ND YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (GRANT NO. B -76 -NC -48-0502), AND AS MORE FULLY
SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $5,500 OUT OF THE NO. 162
FEDERAL -STATE GRANT FUND, ACTIVITY 4733, CODE 502, FOR THE COST OF SAID SERVICES;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye".
ORDINANCE NO. 13380
APPROPRIATING $7,000 OUT OF THE N0. 250 SANITARY SEWER BOND FUND TO SUPPLEMENT
EXISTING APPROPRIATIONS PROVIDED BY ORDINANCE NO. 12919, DATED NOVEMBER 26, 1975,
FOR ENGINEERING SERVICES PROVIDED BY MCCAUGHAN & ETHERIDGE, CONSULTING ENGINEERS,
APPLICABLE TO PROJECT NO. 250-72-5.1, CALALLEN TRUNK LINE, SECTION 35-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, Gulley, Lozano and Sample, present and voting "Aye".
ORDINANCE NO. 13381
APPROPRIATING $7,136.74 OUT OF THE NO. 250 SANITARY SEWER BOND FUND TO SUPPLEMENT
PREVIOUS APPROPRIATIONS OF ORDINANCE NO. 12498, DATED FEBRUARY 26, 1975, FOR ENGINEERING
SERVICES PROVIDED BY MCCAUGHAN & ETHERIDGE CONSULTING ENGINEERS, IN CONNECTION WITH
THE DESIGN OF IMPROVEMENTS TO THE WESTSIDE WASTEWATER TREATMENT PLANT, APPLICABLE TO
PROJECT NO. 250-72-11; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye".
ORDINANCE NO. 13382
FINDING THAT THE FIESTA MEXICANA DE CORPUS CHRISTI WHICH IS TO BE HELD SEPTEMBER
18 & 19, 1976, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 200 AND 300
BLOCKS OF CHAPARRAL STREET AND THE 300 AND 400 BLOCKS OF WILLIAMS STREET TO VEHICULAR
TRAFFIC FROM 7:30 P.M., FRIDAY, SEPTEMBER 17, 1976 UNTIL 12:00 MIDNIGHT, SUNDAY,
SEPTEMBER 19, 1976; AND CLOSING THE 400 BLOCK OF CHAPARRAL STREET AND THE 300 AND
400 BLOCKS OF LAWRENCE STREETS TO VEHICULAR TRAFFIC FROM 6:00 P.M., SATURDAY, SEPTEMBER
18, 1976 UNTIL 12:00 MIDNIGHT, SUNDAY, SEPTEMBER 19, 1976 FOR SAID FIESTA SPONSORED
BY LULAC LADIES COUNCIL #26; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE;
PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF
THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT FOR CERTAIN CHANGES; REQUIRING
PERMITS FOR BEER AND FOOD; REQUIRING COMPLIANCE WITH CITY CODES; PROHIBITING PAINTINGS
OR MARKINGS ON STREETS AND TRAFFIC CONTROL DEVICES; REQUIRING THE SPONSOR TO RESTORE
THE AREA FOR USE BY VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED APPLICATION PERMIT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION;
PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye".
RESOLUTION NO. 13383
ENDORSING THE APPLICATION OF THE YWCA TO THE STATE DEPARTMENT OF PUBLIC WELFARE TO
ESTABLISH A SYSTEM OF AGENCY DAY HOMES AND ENCOURAGING THE OFFICE OF EARLY CHILDHOOD
DEVELOPMENT OF THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS TO PROVIDE THE REQUIRED
CASH MATCH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye".
Minutes
Regular Council Meeting
September 8, 1976
Page 7
ORDINANCE NO. 13384
CLOSING THE ALLEY LOCATED BETWEEN LOTS 7, 8, 9 AND 10 AND THE ALLEY LOCATED BETWEEN
LOTS 7 AND 14, ALL IN BLOCK 1, JONES ADDITION, SUBJECT TO THE RETENTION OF THE WIDTH
OF BOTH ALLEYS FOR A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 13385
AMENDING THE 1990 TRANSPORTATION PLAN, ADOPTED BY ORDINANCE NO. 12704, PASSED AND
APPROVED BY THE CITY COUNCIL ON JULY 16, 1975, SO AS TO DELETE THE DESIGNATION OF
CHEYENNE STREET, FROM AGNES TO TARLTON, AND CARVER STREET, FROM LAWTON TO BALDWIN,
AS "COLLECTOR STREETS"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
Mayor Luby proposed an amendment to Ordinance No. 13328, approved by the
Council on August 11, 1976 which exempts persons 65 or older from the $7.50 customer
service charge for lighting or adjusting natural gas appliances and conversion of
burner orifices. Mayor Luby requested that disabled persons and all persons living
on social security be exempt from the charge.
City Manager Townsend agreed that the Staff would try to prepare the amendment
for next week's Council Meeting.
Mayor Luby recessed the Meeting at 3:27 p.m. prior to the Special Council
Meeting on five zoning cases.
The Regular Council Meeting was resumed at 4:05 p.m. with petitions from the
audience.
Mr. Michael Kendrick, attorney for the business owners at Six Points,
protested the inadequate parking for the "White Rabbit" discotheque which recently
opened there, charging that it violates the parking requirements of the City's
zoning ordinance. He cited discrepancies in the application for the building permit
and the improvements which were subsequently made. He stated that the building has
over 8,000 square feet; that it frequently contains over 400 patrons, with only 25
parking spaces provided; and that on one occasion, 361 cars were counted. He stressed
that the young people who attend the discotheque park their cars in the adjacent
businesses' lots, and charged that it is an infringement of the surrounding business
and property owners' rights. Mr. Kendrick went on to state that the owners of the
Minutes
Regular Council Meeting
September 8, 1976
Page 8
White Rabbit "misrepresented" their plans to the City; he asked that they be made
to appear before the Board of Adjustment; that they be given 30 days to provide
adequate parking for their discotheque or have their certificate of occupancy
revoked.
Mr. Joe E. McManus, realtor and property manager of the Medical Dental Building '
at Six Points, voiced his objection to the White Rabbit discotheque and his strong
opposition to the encroachment of any similar club, saloon or dance hall into that
business area.
City Manager Townsend clarified that the issue of the hearing is not whether
a discotheque should be allowed in a business area, but only the parking problem for
the White Rabbit discotheque. He reviewed that in 1968 when the new comprehensive
zoning plan for the city was adopted, the existing grocery store at that location was
allowed to continue to operate as a non -conforming use; and that after the grocery
store closed, several other clubs and operations existed in the building. He further
explained that the Staff feels the property is a valid non -conforming use and is of
no greater intensity according to the zoning ordinance; that the present discotheque
is legally allowable unless the property has been vacant for more than 12 months, which
he said the Staff has no knowledge of.
Mr. Kendrick replied strongly that the "use" was discontinued years ago; that
it "has not been used as a grocery store for eight years"; and he cited several rulings
by the courts governing non -conforming uses.
Ms. Josephine Sparks spoke in opposition, stating that the "intermingling of
banking, professional and commercial businesses" with a discotheque of that type is
"incomprehensible and incompatible".
Mr. Ted Anderson, owner of property at 1714 South Staples which he said has
been leased to H fi R Block Company for the past 12 years, said that company would not
be able to operate during its busy season because of the serious parking conflict.
Dr. R. J. Best, a dentist whose office is located directly across from the
White Rabbit, stated he must pick up trash from his parking lot every morning; that
of evenings his lot is either blocked or full of cars from the White Rabbit, making
it inaccessible to him or his patients in case of emergency night calls, or a fire
truck in the event of fire.
Minutes
Regular Council Meeting
September 8, 1976
Page 9
Mr. Ken Loosemore, representing the nearby Maverick Market, stated he
has had to increase his labor ratio 20% and his loss of business is running 20%
since the opening of the White Rabbit. He said constant surveillance of their
parking lot is necessary in order to keep it open for their own customers, some
of whom he said are afraid to come into the area at that time of night.
Mr. John Hansbrough, operating the Corpus Christi Art Supply at Six Points,
complained of parking problems, filth, fights and loss of his business.
Mrs. Green stated she owns Floyds Restaurant on Carroll Lane next to The
Cannery, another discotheque in the city, and The Unique Game Room. She complained
that customers from The Cannery park on her lot; and that the kids who go to The
Unique Game Room also park on her lot, that they openly use and sell drugs and
frequently get into fights and stabbing. She went on to describe that that game
room often has 150 to 200 kids from 13 to 20 years of age, yet sells beer and
alcoholic beverages. She said she calls the Police at lease four or five times a week
and has made many complaints, and she appealed to the Council for relief.
Attorney Kendrick read from a city ordinance which specifies that additional
parking spaces must be provided if a business is expanded.
City Manager Townsend also read from that ordinance and corrected that the
foregoing stipulation refers only to expansions made after the effective date of
that ordinance.
Mr. David Smith, owner of Der Wienerschnitzel restaurant at Padre Island
Drive and Carroll Lane, agreed with Mrs. Green's comments of parking problems in
that area and drugs and violence connected with The Unique Game:Room.
Mr. Kendrick presented a petition 017-76) from business and/or landowners
in the Six Points area requesting the closing of the White Rabbit discotheque.
Mr. Roosevelt Porter, 1042 Vernon Drive, informed the Council that there
are no sidewalks on a portion of Chipito Street and the children going to school
nearby must walk along an embankment, which he said on several occasions has almost
resulted in accidents, especially in rainy, muddy weather. He also said the area
is dangerous for senior citizens walking to the HIALCO center and for people going
to the church in that area.
Minutes
Regular Council Meeting
September 8, 1976
Page 10
City Manager Townsend discussed the problem with Mr. Porter; the Staff
agreed to check further into the situation, meet with parents and residents in the
neighborhood, and report back to the Council.
Council Member Gulley asked the Staff to give their comments and reccom-
mendations regarding the White Rabbit's parking problem at next week's Council
Meeting. Mayor Luby asked for a full report from the Staff on The Unique Game Room.
City Manager Townsend suggested that the Planning Commission promptly review
and update the zoning ordinance, with special consideration of parking requirements
for clubs and discotheques.
(Council Member Sample asked to be excused at this time -- 5:35 p.m.)
Mr. Potts objected to the senior citizens' being charged for their weekly
dances at the La Armada. He stated he had received a letter from Mrs. Ruth Mary
Price, Director of the Housing Authority, informing them that they would be charged
$25 per might to hold their dance. He reviewed the club's expenses and said they
would not financially be able to hold their dances if they must be the $25 fee.
It was the consensus of the Council that the senior citizens not be charged
for their dances at the center, and that the City sponsor them.
Mr. Raymond Rodriguez appeared before the Council and requested approval
of a list of names of people who are active participants of the Santa Cruz de Tenifere
section of the Sister City Committee as members of that section.
City Manager Townsend responded that the list of members must come from the
General Chairman of the Sister City Committee.
Mr. Rodriguez repeated that his list of names is those people who would be
members of the Santa Cruz section and not the Sister City Committee as a whole. Mayor
Luby told Mr. Rodriguez again that he thought the Sister City Committee should not
be divided into three distinct groups but should work together; the Council agreed.
Mr. Rodriguez then inquired about the status of the letter from the Council
inviting four representatives from Santa Cruz de Tenifere to Corpus Christi in October.
Mayor Luby responded that he would send the letter the following day, but he
hesitates to do so because he believes the Mayor and representatives from our Sister
City of Tampico, Mexico are long overdue for an invitation and visit to Corpus Christi.
Minutes
Regular Council Meeting
September 8, 1976
Page 11
Mr. Rodriguez answered that he is the Vice Chairman of the Santa Cruz
section, and a visit from Tampico would need to be worked out by the Tampico section
of the Sister City Committee.
Motion by Gill, seconded by Gulley and passed unanimously, that the ordinance
authorizing establishment of a system of deferred compensation, which was passed on
its first reading on April 28, 1976, be amended prior to its second reading by
substituting a revised version approved by the internal Revenue Service.
City Manager Townsend distributed to the Council memorandums from the Texas
Municipal League concerning the proposed statewide telephone rate increase by
Southwestern Bell Telephone Companyand the pending CP&L rate increase request.
Pursuant to Article 6252-17, Open Meeting Law, the Council met in closed
session at 6:05 p.m. to consider a lawsuit with Lo -Vaca.
The Regular Council Meeting was reconvened at 6:20 p.m. and adjourned.