Loading...
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.