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HomeMy WebLinkAboutMinutes City Council - 09/22/1976PRESENT: • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 22, 1976 2:00 P.M. Mayor Pro Tem B111 Tipton Council Members: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting to order in the Coucnil Chambers of City Hall. The Invocation was given,by Council Member Sample. City Secretary Read called the roll and stated there was a quorum present. Motion by Lozano, seconded by Sample and passed unanimously, that the minutes of the Regular Council Meeting of September 8, 1976 and the Special Council Meeting of September 8, 1976, 3:30 p.m. be approved as submitted. Mayor Pro Tem Tipton announced the following Proclamations: National Hunting and Fishing Day - Saturday, September 25, 1976; Rugby Week - September 19 through 26, 1976; and Gold Star Mothers Day - September 26, 1976. - Mayor Pro Tem Tipton called for the opening of bids for the School Sidewalk Program Unit VIII. Director of Engineering and Physical Development James Lontos explained plans for sidewalks on Calallen Drive to serve McGee Elementary School, on Up River Road to serve Savage Elementary School, on Carroll Lane to serve Kostoryz Elementary School, and on McArdle Road to serve Central Park Elementary School. He opened and read bids for the sidewalk construction from the following firms: B & B Builders, R. S. Black, Glaser Construction Company, King Construction Company, E. J. Netek Construction Company, and South Texas Construction Company. Mayor Pro Tem Tipton thanked the bidders and stated that as required by the City Charter, all bids would be tabled for 48 hours for evaluation and recommendation by the Staff. Mayor Pro Tem Tipton called for the City Manager's Report, and City Manager Townsend presented the following items, with related comments and explanations: a. Recommendation that a public hearing be held during the Regular Council Meeting at 3:30 p.m. on October 13, 1976 on the following zoning applications and text amendment: 1. Mr. A. C. Brown: "B-1" to "B-4", located on the east side of Padre Island Drive approximately 80 feet north of Carroll Lane. 2. Dr. James E. Albright: "A-2" to "B-4", located on the east side of 25th Street between Morgan Avenue and Buford Street. Y 3. Text Amendment to Zoning Ordinance to amend Article 19 "I-1" Limi Industrial District and Article 27A Special Conditions. This /0� amendment would retain the existing uses allowed in the "I-1" district and also allow all uses now listed under the "I-2" Ligh Industrial District subject to special conditions. i a 4� Minutes Regular Council Meeting September 22, 1976 Page 2 b. Recommendation that bid award on a 20' x 30' x 12' metal prefabricated building be made to D & R SALES, INC., Corpus Christi on the basis of low bid of $5,396.00. The building will be used to house two 7,000 gallon - per -minute raw water pumps being installed at the Stevens Filter Plant to increase raw water pumping capacity by 2 million gallons per day. (Bid Tab #70-76) c. Recommendation that contracts be awarded to the following firms for installation of approximately 3,960 feet of fence at the Elliott Sanitary Landfill on the basis of low bid: 1. A. A. Fence Company, Corpus Christi for $5,795 for fence installation. 2. Koppers Company, Inc., Houston for $5,439.06 for 198 25' treated southern pine poles. 3. Phoenix Supply Company, Corpus Christi for $4,213.80 for 90 rolls of 17 gauge galvanized stucco 1-1/2" mesh. This is part of a budgeted project to open the next section of the landfill. The fence is necessary to control blowing debris. Bids were received from 3 firms on fence installation, 8 on treated poles and 6 on wire mesh. Price comparison shows a decrease of 8.75% on the fence installation since March, 1974;'22.73% on the southern pine treated poles since April, 1975; and an increase of 91.81% on the wire mesh since,December, 1971. (Bid Tab #71-76) d. Recommendation that an application be submitted to the Criminal Justice Division for $21,310 for second year funding of the Rape Crisis Center (January 1, 1977 - December 31, 1977) and acceptance be authorized if approved. The City contracts with the Crisis Intervention Service for program operation. No local money is involved. The program's goals are to increase the reporting of rape, lessen the physical and emotional trauma experienced from rape, and increase public awareness of the associated problems. The Center has trained a staff of volunteers to man a 24-hour hot line, counseled with and aided rape victims and carried out various public informational programs. e. Recommendation that the contract be renewed with the Corpus Christi Symphony for $12,000 as local match for an outreach program funded by a grant from the National Endowment of the Arts as provided for in the 1976-77 Budget. Under the contract, the Symphony will provide: 1. Two free public concerts - a Pops concert in October as part of Bayfest including the Corpus Christi Commodores and the Messiah in December. 2. Small ensemble groups at recreation and other community centers. 3. Six concerts at Junior Highs. The total local matching requirement is $16,000. The other $4,000 will be provided by the School District. f. Recommendation that the City Manager be authorized to sign all CETA non-financial agreements after approval by the Manpower Executive Committee. These agreements are directly with the State or other agencies and do not involve any funds allocated to the local consortium. Since the agencies operate within the local consortium area, Consortium approval is required. This authority will reduce by one or two weeks the time required to process these agreements. Mas • Regular Council Meeting September 22, 1976 Page 3 5. Recommendation that authority be granted to submit a Title VII proposal to the Governor's Committee on Aging for fourth year funding of the Elderly Nutrition Program from December 1, 1976 through November 30, 1977. The total cost is $337,837, with the federal share being $304,188 and the non-federal share $33,649. Of the non-federal share, $13,096 will be from City funds and $20,553 from voluntary contributions by meal participants. The grant allows for continuation of all existing supportive services as well as an average of 620 meals per day for the elderly - 570 served at 11 congregate meal sites and 50 in the homes of the elderly. h. Recommendation that the contract with the Texas Water Quality Board be renewed for the City -County Laboratory to continue to provide laboratory services on a charge -for -services basis from September 1, 1976 through August 31, 1977 at a maximum cost of $30,000. This contract was initially entered into in January, 1975. Approximately 100 samples per month will be analyzed. i. Recommendation that a grant offer of $112,590 from the Federal Aviation Administration for purchase of a 1,000 gallon foam crash -fire -rescue vehicle be accepted. The Federal government is providing 902 of the estimated purchase price of $125,000. The City's participation of $12,510 comes from the Airport Bond Fund. There are currently three crash -fire - rescue vehicles at the Airport. One is a 1951 pumper from the Fire Department which will not meet F.A.A. discharge or response requirements., Recommendation that $1,775.05 be appropriated for legal advertising and soil investigation in connection with the Corpus Christi Beach drainage project. Bids have been received, but the contract award has been delayed pending rescheduling of the Corpus Christi Beach restoration project by the Corps of Engineers. The work pertaining to the soil investigation has been performed and was necessary for project design. The drainage project is a 1976 Community Development project. j• k. Recommendation that $805.65 be appropriated out of the No. 220 Street Bond Fund to pay for appraisal services and legal advertising expense for the assessment hearing for the Leopard Street, Carancahua to Palm Drive and Airline Road, Padre Island Drive to Williams, Street Improvement Projects. *1. Recommendation that the request of C-R Industrial Park for water service to 1/2 acre lots outside but adjacent to the City be denied unless the property is annexed. The subdivision is approximately 35 acres located immediately east of Rand Morgan Road immediately north of Interstate 37 access road. The applicant states that they have under option some lots which would be used for the "direct production, manufacture, processing or distribution of cargo shipped or to be shipped through the Port of Corpus Christi." The ordinance requires that such uses be at least 5 acres and that they be "principally devoted" to port related activity, not planned to be so used. The Platting Ordinance requires that sewer service be provided in the subdivision which is crossed by a 27" sewer main going to the Allison Sewage Treatment Plant. The sewer system as of August 1, 1976, was relying upon property taxes for approximately 88% of its total debt or $1,172,150 per year. *(Acted on separately later in meeting.) m. Recommendation that the following actions be taken in connection with the construction of Old Brownsville Road between Morgan Ave. b Poet St. 1) A change order be approved to reduce the width from 38' to 31' measured from the back of curbs. The street is not a collector and traffic does not justify the 38' width. The City will realize a savings of approximately $5,000.00 with this change. Minutes Regular Council Meeting September 22, 1976 Page 4 2) A public hearing be held on October 6, 1976 to close a portion of Old Brownsville Road from Hiawatha to Morgan Avenue and return the Right -of -Way to the abutting property owners together with a triangular tract of land which belongs to the City as Morgan Ave. R. 0. W. The City will need to retain a utility and drainage easement over the abandoned R.O.W. The property owners will be asked to pay costs of removing the pavement. n. Recommendation that a resolution be passed endorsing the application of Hughes Airwest to the Civil Aeronautics Board for proposed service to various western cities. The Airport Advisory Board, on September 2, 1976, unanimously recommended such resolution. o. Recommendation that Ordinance No. 13328, providing a $7.50 service charge for the lighting or turning off of gas appliances and exempting those 65 or over at a residential address from the charge, be amended to further provide an exemption for the head of any household who is a recipient of social security disability payments. In response to an inquiry by Council Member Gulley concerning item "e", City Manager Townsend reported on the number of concerts held last year by the Symphony under this program and the attendance at each. Council Member de Ases asked relative to item "m" that the abutting property owners be contacted to ascertain if it is agreeable to them to hold the public hearing during the Regular Council Meeting on October 6 rather than at a Special Council Meeting in the evening. No one from the audience addressed the Council regarding the City Manager's Report. Motion by Lozano, seconded by Sample and passed --with Gulley voting No on item "e" --that the City Manager's Report (items "a" through "o" --item "1" postponed) be accepted. City Manager Townsend next presented item "1", giving the Staff's interpretation of the Platting Ordinance and the reasons for their recommendation to deny the request. Mr. Ben House, attorney for the developers, stated they are not contesting the right of the City to annex but are requesting a waiver of the requirement for contractual annexation, which he said would encourage growth. He pointed out that his party had requested water service for the area prior to 1974, but was not allowed to make application; also that water service was provided to other areas outside the City without requiring annexation since the ordinance was passed in 1974. Mr. Townsend clarified that land must be part of the city to be served by the sewer system; that the tracts must be five acres or more; and pointed out that'the applicant in this case is a subdivider rather than the business. He also responded that the ordinance is administered without discrimination on the basis of whether or not the request meets the requirements_ of the ordinance,., 1110 • Rer Council Meeting September 22, 1976 Page 5 Motion by Gill, seconded by Lozano, that item "1" be approved. There was further discussion. City Manager Townsend again explained the Staff's interpretation of the ordinance. Mr. House asked that item "1" be tabled for one week because he believes City Manager Townsend's interpretation as to the requirements of the ordinance is erroneous. Motion by de Ases, seconded by Gulley and passed --with Gill voting No --to table item "1" of the City Manager's Report for one week. Mayor Pro Tem Tipton recessed the meeting at 3:40 p.m. prior to a Special Meeting to consider four zoning cases. The Regular Council Meeting was resumed at 4:15 p.m. City Manager Townsend announced consideration of the Mayor's veto of Ordinance No. 13403 passed on September 15, 1976, as follows: "Amending Ordinance No. 13371, passed and approved on September 1, 1976, by amending the section of the ordinance dealing with appropriation of funds to reflect fund apportionment and appropriation as follows: Total appropriation to be made is to be $66,000 of which appropriation $31,000 is appropriated out of the No. 291 Park Bond Fund, applicable to project No. 291-72-5.7, $25,000 out of the 1975 Community Development Grant Fund, and $10,000 out of the 1976 Community Development Grant Fund; and declaring an emergency." Motion by de Ases, seconded by Sample and passed --with Gill voting No --that the Mayor's veto of Ordinance No. 13403 be overridden. City Manager Townsend next presented the ordinances. There was no discussion from the audience pertaining to the ordinances. City Secretary Read polled the Council. All ordinances passed, as follows: SECOND READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 13-2, AMENDMENTS TO THE BUILDING CODE, BY REPEALING SUBSECTION 2101.11 IN ITS ENTIRETY; ADDING TO CHAPTER 53, ARTICLE VI, STANDING AND PARKING, DIVISION 4. PARKING METERS, A NEW SECTION TO BE NUMBERED 53-195, TO PROVIDE FOR COVERAGE OF PARKING METERS FOR USE OF CONTRACTORS FOR CONSTRUCTION OR REPAIR OF BUILDINGS WHICH, UNDER THE BUILDING CODE, DO NOT REQUIRE ERECTION OF BARRICADES OR BARRIERS, AND BY ADDING A NEW SECTION TO BE NUMBERED 53-196, TO PROVIDE FOR RENDERING CURB SPACE UNUSABLE AS RESULT OF ERECTION OF BARRICADES DURING CONSTRUCTION OR REPAIR OF BUILDINGS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; AND 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 absent. • Minutes Regular Council Meeting September 22, 1976 Page 6 SECOND READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTATN STREETS, BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF WALDRON ROAD, FROM PURDUE STREET TO GLENOAK STREET, AND ON THE WEST SIDE OF WALDRON ROAD, FROM A POINT 1,745 FEET SOUTH OF PURDUE STREET TO GLENOAK STREET; AND 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 absent. ORDINANCE NO. 13404 THIRD 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 third time and passed finally by the following vote: Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley voting "Nay"; Luby absent. ORDINANCE NO. 13405 THIRD READING OF AN ORDINANCE AUTHORIZING ESTABLISHMENT OF A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES 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 absent. ORDINANCE NO. 13406 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR SECOND YEAR FUNDING FOR THE RAPE CRISIS CENTER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AND OTHER NECESSARY DOCUMENTS IN ORDER TO EFFECT THE GRANT, IF AND WHEN APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13407 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI SYMPHONY BY THE TERMS OF WHICH THE CITY OF CORPUS CHRISTI WILL PAY $12,000 AS LOCAL MATCHING FUNDS FOR AN OUTREACH PROGRAM FUNDED BY A GRANT FROM THE NATIONAL ENDOWMENT OF ARTS AS PROVIDED FOR TN THE 1976-77 BUDGET, AND ACCORDING TO THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley voting "Nay" Luby absent. ORDINANCE NO. 13408 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF TBE COASTAL BEND MANPOWER CONSORTIUM, ALL CETA NONFINANCIAL AGREEMENTS APPROVED BY THE MANPOWER EXECUTIVE COMMITTEE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. • eS Regular Council Meeting September 22, 1976 Page 7 ORDINANCE NO. 13409 AUTHORIZING THE CITY MANAGER TO SUBMIT A TITLE VII APPLICATION TO THE GOVERNOR'S COMMITTEE ON AGING FOR FOURTH YEAR FUNDING OF THE ELDERLY NUTRITION PROGRAM, BEGINNING DECEMBER 1, 1976 AND EXTENDING THROUGH NOVEMBER 30, 1977, WHICH GRANT REQUESTS FUNDS IN THE AMOUNT OF $337,837, ALL AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACTS, AMENDMENTS AND OTHER DOCUMENTS NECESSARY TO CONTINUE THE AFORESAID PROGRAM, IF AND WHEN THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13410 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS WATER QUALITY BOARD BY THE TERMS OF WHICH CONTRACT THE CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT LABORATORY WILL PROVIDE LABORATORY SERVICES ON A CHARGE -FOR -SERVICES BASIS AT A MAXIMUM COST OF $30,000 FOR THE TERM OF SAID CONTRACT, COMMENCING SEPTEMBER 1, 1976, AND TERMINATING AUGUST 31, 1977, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13411 ACCEPTING GRANT OFFER AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND RELATED CONTRACT DOCUMENTS WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR THE PURCHASE OF ONE CRASH -FIRE -RESCUE VEHICLE IN THE AMOUNT OF $125,100, FOR THE PROTECTION OF THE TRAVELING PUBLIC AT CORPUS CHRISTI INTERNATIONAL AIRPORT, IN ACCORDANCE WITH FEDERAL AIR REGULATION PART 139, ALL AS MORE FULLY SET FOLTH IN THE GRANT AGREEMENT, CONTRACT NUMBER DOT-FA-76SW-1133, PROJECT NO. 6-48-0051-04, A SUBSTANTIAL COPY OF WHICH AGREEMENT 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13412 APPROPRIATING $1,775.05 OUT OF THE NO. 162 FEDERAL/STATE GRANT FUNDS, FOR ACTIVITY 4734, CODE 502 SECOND YEAR COMMUNITY DEVELOPMENT FUND, CORPUS CHRISTI BEACH DRAINAGE PROJECT, OF WHICH $88.55 IS FOR LEGAL ADVERTISING AND $1,686.50 IS FOR SOIL INVESTI- GATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13413 APPROPRIATING $805.65 FROM THE NO. 220 STREET BOND FUND FOR APPRAISAL SERVICES AND LEGAL ADVERTISING IN CONNECTION WITH IMPROVEMENTS TO LEOPARD STREET AND AIRLINE ROAD, OF WHICH TOTAL APPROPRIATION $655.65 IS APPLICABLE TO PROJECT NO. 220-72-8, AIRLINE ROAD, PADRE ISLAND TO WILLIAMS DRIVE; AND $150 IS APPLICABLE TO PROJECT NO. 220-72-2, LEOPARD STREET, CARANCAHUA TO WEST OF PALM DRIVE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. RESOLUTION NO. 13414 ENDORSING THE APPLICATION OF HUGHES AIRWEST TO THE CIVIL AERONAUTICS BOARD TO SERVE VARIOUS WESTERN CITIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. Minutes Regular Council Meeting September 22, 1976 Page 8 ORDINANCE NO. 13415 AMENDING SECTION 55-63 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS ADOPTED BY ORDINANCE NO. 13328, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 11, 1976, SO AS TO FURTHER PROVIDE AN EXEMPTION FROM CHARGE FOR SERVICE REQUESTED BY CUSTOMERS FOR LIGHTING AND ADJUSTING OR TURNING OFF ONE OR MORE NATURAL GAS APPLIANCES, AND CONVERSION OF BURNER ORIFICES FOR NATURAL GAS AT RESIDENTIAL, APARTMENT, OR MOBILE HOME ADDRESSES, FOR THOSE HEADS OF HOUSEHOLDS 65 YEARS OF AGE OR ABOVE OR THE RECIPIENTS OF SOCIAL SECURITY DISABILITY PAYMENTS; PROVIDING FOR APPLICATION AND APPROVAL OF SUCH EXEMPTIONS BY THE DEPARTMENT OF PUBLIC UTILITIES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13416 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF GREAT EXPECTATIONS OIL CORPORATION, BY AMENDING THE SPECIAL COUNCIL PERMIT GRANTED BY THE CITY COUNCIL BY ORDINANCE NO. 7451, SO AS TO SUBSTITUTE A NEW SITE PLAN TO REFLECT LOCATION OF A KIOSK IN THE WOODLAWN SHOPPING CENTER, SITUATED IN THE 3700 BLOCK OF LEOPARD, ALSO DESCRIBED AS LOTS 4-15, WOODLAWN ADDITION TO THE CITY OF CORPUS CHRISTI; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. Mr. Lee Mahoney, lawyer representing the White Rabbit discotheque which has been discussed before the Council over the past two weeks, explained that they have filed an appeal with the Board of Adjustment for a variance on the parking requirements. He said that every effort is being made within the procedure of City government to satisfy the parking requirements. Mr. Mahoney voiced his objection to the petition submitted September 8, 1976 which was specifically worded to request the closing of the White Rabbit discotheque, but did not state on what grounds. Mr. Arthur Ramirez, 3542 Heritage, addressed the Council that he was speaking for other residents regarding the problems with The Unique Game Room on Carroll Lane, as discussed in previous meetings. He reported that he personally has seen fights, stabbings and drugs associated with its young patrons. There were about ten other persons in the audience concerning the situation with the Game Room. City Manager Townsend replied that the Alcoholic Beverage Commission has suspended the Game Room's beer license for six months because' of consumption by minors s R.__ _ar Council Meeting September 22, 1976 Page 9 on the premises; that no parking signs will be erected immediately on a portion of Carroll Lane to temporarily relieve traffic congestion in that area; and that there will be increased police supervision. Mr. Ramirez stressed the need for adequate supervision and assistance from the Police Department; he told that it took about 40 minutes for the Police to respond to a call he placed several weeks ago concerning a youth from the Game Room in his yard in an intoxicated condition. In further discussion, the Staff advised Mr. Ramirez and all concerned neighbors to write to the Alcoholic Beverage Commission stating their opposition to removing the suspension of the Game Room's beer permit. Mr. David Smith, owner of Der Wienerschnitzel adjacent to The Unique Game Room, told the Council that removing the establishment's beer permit alone would not be a solution because the kids buy beer elsewhere and drink it on the parking lot and loiter there. He asked that an ordinance be drawn up to prohibit excessive loitering on a parking lot. Mr. Fred Barcroft, 3534 Heritage, agreed that most of the problems associated with The Game Room occur on the outside, citing loitering, drinking, fights and reckless driving. Mrs. Sara Barcroft suggested that the Police drive through a certain alley in the area because kids hide behind a fence in the alley and use drugs, etc. Mr. Dyke Henderson informed the Council of two automobile accidents where youths leaving The Game Room crashed into his car, causing several hundred dollars worth of damage, and a neighbor's car, totally demolishing that vehicle. He stressed that there is a danger to the residents in the area. City Manager Townsend stated that the Staff would look into the possibility of getting an injunction against the establishment if there is sufficient evidence. Council Member Gulley suggested strict enforcement of the 11:00 curfew for persons under 17 years old. City Manager Townsend answered that the Police would start making curfew checks of the area every night at 11. I Mayor Pro Tem Tipton called for other petitions or information from the I audience, and Mr. Bill Sweetland thanked the Council for the trees which were planted along Peoples Alley, but warned that they were left on the sidewalks without water for over four days. and a veral of them appeared to be nearly dead 0 Minutes Regular Council Meeting September 22, 1976 Page 10 ' after they were planted. The Council reminded Mr. Sweetland that the nursery guarantees live trees for one year after planting. Mr. Bob Morris, owner of The Cannery nightclub, stated that he did not anticipate a parking problem at his club or he would have purchased more land for it. He explained that business at The Cannery is presently tapering off, which he said happens to every club or business after a few months; and he cautioned the Staff against making the parking requirements for clubs too stringent when they revise that portion of the zoning ordinance. Council Member de Ases presented a petition (1118-76) from residents in the 2100 block of Shirley Street complaining of a severe drainage problem. City Manager Townsend responded that the Staff would check into it. Motion by Gill, seconded by Lozano and passed, that the Mayor's absence from today's meeting be excused, as he was out of town on City business. There being no further business to come before the Council, on Motion by de Ases, seconded by Gulley and passed unanimously, the Regular Council Meeting of September 22, 1976 was adjourned at 5:40 p.m. 1, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of August 4, 1976 through August 18, 1976, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized: 8/04/76 - Regular Meeting 8/11/76 - Regular Meeting 8/11/76 - Special Meeting 8/18/76 - Regular Meeting City of Corpus Christi r5g ii/ - glih� S.77 /l ./� Z/7 , b