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HomeMy WebLinkAboutMinutes City Council - 09/29/19761. MINUTES ' CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 29, 1976 V`2 : 001 .M.t :,4,,.' PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample Assistant City Manager Archie Walker City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting to order in the Council Chambers of City Hall, as the Mayor was temporarily delayed while conducting official City business in his office. The Invocation was given by Reverend Ben Cannon of the First Methodist Church. City Secretary Read called the roll and stated there was a quorum present. Motion by Lozano, seconded by Tipton and passed unanimously, that the Minutes of the Regular Meeting of September 8, 1976 and the Special Meeting of September 8, 1976 3:30 p.m. be approved as submitted to the Council. Mayor Luby announced he had issued the following Proclamations: National Employ the Handicapped Week --October 3 through 9, 1976; Day -in -Court for Legal Secretaries --Thursday, October 7, 1976; National Association for the Advancement of Colored People Week --October 3 through 9, 1976; and Gold Star Mothers Day --September 26, 1976. Mayor Luby also read a Proclamation for Bayfest '76 Corpus Christi; two members of the Bayfest Committee urged the Council to attend the celebration and lend their support. Mayor Luby presented a retirement plaque to Mr. Agustin A. Alaniz, a Trades Helper in the Gas Department with 19 years of service. Mayor Luby then recognized Mrs. Arthur Ellis, who commended Corpus Christi's Police Department for their fine work during the recent bombing of their car at their home. Mayor Luby announced the recessed public hearing regarding closing the dead-end portions of Bennet and Pearl Streets on Corpus Christi Beach. City Secretary Read informed the Council that the attorney for the case was called to Houston and asked that the matter be recessed until October 13. Motion by Tipton, seconded by Gill and passed unanimously, that the public hearing to close the dead-end portions of Bennet and Pearl Streets be recessed until October 13, 1976. 1' Minutes Regular Council Meeting September 29, 1976 Page 2 Mayor Luby then called for the City Manager's Report, and Assistant City Manager Walker presented the following items, with related comments and explanations: a. Recommendation that bid award for demolition and removal of buildings in the Bayfront Science Park area listed below be made to Mr. ONECIMO A. ORTIZ, Corpus Christi on the basis of low bid: LOT I - Parcel 31 - 1705 N. Water, Corner Hughes & N. Water St. $1,550 LOT II - Parcel 32 - 1709 N. Water, Center of Block on N. Water St. 2,625 LOT III - .Parcel 34 - 1721 N. Water, Corner Brewster & N. Water St. 1,325 GRAND TOTAL-- $5,500 Bids were received from five firms. (Bid Tab #72-76) b. Recommendation that the contract for the Corpus Christi Museum air conditioning improvements be awarded to L & M Metal Fabricators for $3,134.41. The project includes minor air conditioning duct and grille work in the second building for new exhibit spaces. c. Recommendation that the HIALCO Neighborhood Center project be accepted and final payment of $2,772.50 for a total of $11,584.90 be made to I. C. Salazar Construction Company. The project in the First Year Community Development Program included construction of storage space at the Washington Elementary School, remodeling work in the kitchen and other spaces in the building, and installation of one window air conditioning unit. The contractor exceeded the allotted working time by 55 days, but due to delivery problems in obtaining necessary materials such as brick matching the color and texture of the existing building, an extension of 55 days is recommended. d. Recommendation that a public hearing be held on October 21, 1976, 4 pm on the request of Central Power and Light Company for an electricity rate increase. The law requires that a hearing be held within 30 days of the September 27, 1976 date when the increase would have been effective had the Council not suspended the increase. e. Recommendation that the preliminary assessment roll for Sidewalk Program Unit VIII on the following streets: 1. Calallen Drive, from Smith Driver to Burning Tree Lane, west side only; to serve McGee Elementary School. 2. Up River Road, from Cantwell Drive to Van Cura Drive, south side only; to serve Savage Lane Elementary School 3. Carroll Lane, from Wesleyan Church to existing sidewalk, west side only; to serve Kostoryz Elementary School. 4. McArdle Road, from Broughton Drive to Carroll Lane, north side only; to serve Central Park Elementary School, be adopted and a public hearing on assessments be held at 4:00 p.m., Wednesday, October 27, 1976 in the Council Chamber. The assessment roll of $9,625.56 has been prepared in accordance with the current policy based on the low bid of $27',349.64 submitted by B & B Builders. f. Recommendation that a speed limit of 15 mph be established for all paved roadways and parking lots in "Cole Park". A speed limit of 20 mph currently exists on all roads in West Guth Park. The Park and Recreation Board and Traffic Safety Advisory Board so recommend. e._ F Min. _, Regular Council Meeting September 29, 1976 Page 3 g. Recommendation that authority be granted to submit an application to the Criminal Justice Division for a one-year grant of $67,357 for the Narcotics Task Force and to execute all necessary documents if the grant application is approved. The grant will be 100% funded by the State and Federal government and provide for three additional Sergeants to act as a special task force to investigate and arrest narcotics dealers. h. Recommendation that values for acquisition of seven parcels for Kostoryz Road - Padre Island Drive to Holly Road Street Improvements be approved and $33,000 be appropriated from the Street Bond Fund, including $5,295 for closing and related expenses. The parcels are located on Kostoryz Road between Padre Island Drive and Holly Road. This 1972 bond election project will be jointly constructed by the City, State, and Federal government under the Urban Systems program. i• Recommendation that bids be received at 11 a.m., Tuesday, October 19, 1976 for three 6 -person and 12 4 -person bus shelters. The proposed locations for shelters are on major routes and transfer points as follows: J» 1. Ayers Street north of Third to serve Spohn Hospital and the Medical Center. 2. Hospital Boulevard east of Baylor Street to serve Memorial Hospital. 3. Corpus Christi State School 4. Alameda Street north of Airline Road adjacent to South Shores Christian Church near Cullen Mali. 5. Winnebago Street near Coke Street. 6. Ayers Street at Pearse Street. 7. Staples Street at Morgan. . 8. Brownlee Boulevard and Morgan. 9. Ayers Street north of Tarlton near Ayers Shopping Center. 10. Staples Street at Laredo. 11. Two shelters on Leopard Street just west of Carrizo Street at the County Courthouse. 12. Staples Street south of Carmel Parkway at Parkdale. 13. Padre Island Drive at the Social Security Office. 14. Brownlee Boulevard south of Agnes. The shelters are included in the 1975 Urban Mass Transportation Adminis- tration capital grant. The Transit Study Board has reviewed the shelter design and recommends installation at the above locations. Recommendation that bids be received at 11 a.m., Tuesday, October 26, 1976 for the following: 1. Elevator maintenance service for 3 -years (November 1, 1976 - October 31, 1979) for City Hall, LaRetama Library, International Airfport, Police Building, Public Utilities, Parkdale Library and the Service Center. Minutes Regular Council Meeting September 29, 1976 Page 4 2. Four 5 -year rental car concession contracts at International Airport. There are currently three leases. The specifications require bidders to bid a minimum annual guarantee for each of the five years with a minimum acceptable for the total five-year period of $125,000. The successful bidders will be required to pay 10% of gross income or the minimum annual guarantee whichever is greater. The bid will be awarded on the basis of the highest minimum guarantee for the five-year period. Specifications also provide that the concessionaires will pay rental of $7.50 per square foot per year for space in the Terminal Building and $4.00 per month per parking space for rental cars. The Airport Advisory Board has recommended the increase to 4 contracts and increasing the minimum from an annual average of $19,000 to $25,000. k. Recommendation that the General Fund be reimbursed S27,381.65 for engineering ' services provided on various Bond Fund and Community Development Fund projects during the month of August, 1976, and that $24,348.42 be appro- priated to supplement $3,033.25 in existing appropriations. Recommendation that bids be received at 10 a.m., Monday, October 18, 1976 for the gala of the following vacant surplus City -owned properties acquired through delinquent tax foreclosures: 1. W.35' of E.65' of Lot 23, Block 1, Laguna Acres Addition (1238 Lolita) (Zoned R1B) 2. N.W.48' of Lots 15 and 16, Brock 18, Chamberlain Subdivision (501 South Brownlee) (Zoned I2) Abutting property owners have expressed an interest on bidding on both lots. The first lot is substandard and should be sold only to an abutting property owner with the stipulation that the property be combined with an adjoining lot through platting or deed restriction allowing the lot to be used only in conjunction with adjoining property. -m. Recommendation that a grant offer of $520,895 from the Federal Aviation Administration for land purchases at the airport be accepted and the grant agreement and related documents be executed. The Federal government is providing 90% of the estimated purchase price of $578,722. Seven tracts of land are included; three of which were previously purchased in the early 1960's with 100X local funding. FAA can now reimburse 90% of that purchase price. The City's portion of the cost is available frau the Airport Bond Fund. In discussion of the items, Council Member Gill asked with what funds the land was originally purchased, and what the monies can be used for when reimbursed. (item "m"). Council Member de Ases asked the cost of the bus shelters proposed under item "1"; Mr. Walker replied it would be about $22,500. Mr. de Ases said he hopes the Council will have an opportunity to discuss the design of the major bus terminals before final plans are made; Mr. Walker agreed. Mayor Luby opened the floor for discussion from the audience pertaining to the City Manager's Report, and Mr. Eugene Clough spoke concerning item "i", requesting bus shelters for school children on Corpus Christi Beach. Be reported that there are about 150 children who must wait for the bus without shelter. The Council clarified that item "i" was for City transit bus shelters, but th a Staff would check into the situation to see what could be worked out. Minu_ Regular Council Meeting September 29, 1976 Page 5 Motion by Tipton, seconded by Lozano and passed unanimously, that the City Manager's Report --items "a" through "m" --be approved. Mayor Luby announced consideration of the tabled item on the request of C -K Industrial Park for water service outside the City. Motion by Gill, seconded by Sample and passed unanimously, to remove the item from the table. Assistant City Manager Walker reviewed the Staff's recommendation that the request of C -K Industrial Park for water service to # 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 882 of its total debt or $1,172,150 per year. This item was tabled at last week's Council meeting to allow the applicant to prepare additional information. Mr. Walker reviewed the Staff's recommendation that the water service not be extended to the subdivision unless it is contractually annexed, and the reasons for that recommendation. Responding to Council Member de Ases, Mr. Walker answered that since the ordinance has been in effect, as far as the Staff can determine there has been no discrimination in granting water service in other instances. Mr. Fred Keng, the applicant, told the Council he has about five people who want to start small businesses on the tracts; and that if service was denied, those persons would establish their businesses in other cities. He charged that granting the request would not set a precedent because water service has been granted for other industrial uses outside the city limits since 1974 without requiring annexation. Speaking in opposition to the request was Mrs. Millie Cobb, who said it would be discrimination against the taxpayers of the city to have to pay for water and sewer service lines to that subdivision outside the city limits. Minutes Regular Council Meeting September 29, 1976 Page 6 Motion by Tipton, seconded by Gulley and passed unanimously, that the hearing be closed. Motion by Gill, seconded by Tipton, to heed the Staff's recommendation that the request by C -K Industrial Park for water service be denied unless the property is contractually annexed. There was further discussion. Council Member de Ases referred to the recent letter from the applicant's attorney, Mr. Ben House, to the Council regarding alleged discrimination by the City in granting water service since 1974. Council Member Gulley clarified that the item had been tabled for one week at the request of Mr. House so that he could search the City's records to try to find the specific cases where discrimination had occurred; but that Mr. House had apparently not done so, as his letter cited cases in which it was rumored or believed that discrimination had occurred. Assistant City Manager Walker said he was not aware of Mr. House's letter, but repeated that the Staff has been unable to find any instance of irregularity in administering the Platting Ordinance regarding the above. Mr. Keng again stated that the City is literally turning away industries. Assistant City Manager Walker asked Mr. Keng to meet with him later and state exactly which businesses have been discouraged, because Corpus Christi needs and wants more industry. Mr. Keng replied that he would be happy to provide that information. Mayor Pro Tem Tipton called for the question on the Motion to heed the Staff's recommendation that the request by C -K Industrial Park for water service be denied unless the property is contractually annexed. The Motion passed unanimously. Assistant City Manager Walker next presented two pending zoning cases, as follows: a. UNITED SAVINGS: "AT" & "B-4" to "I-2", located at the north end of Corpus Christi Beach fronting approximately 2360' along the west side of U.S. Hwy. #181 extending westward to Rincon Industrial Channel A. A public hearing was held on March 31, 1976. On April 21, 1976, an ordinance granting "B-4" for a distance of 130' from Highway 181 and "I-2" on the rest was tabled until the "I-1" District could be modified. At the Workshop on August 11, the proposed amendments to the "I-1" district were referred to the Planning Commission. A Commission hearing was held on September 14. Mr. Edmond Ford, Attorney for United Savings, voiced opposition to the proposed amendments as they would apply to this particular property and after considerable discussion the Commission recommended denial. The Council public hearing is set for October 13. Since this zoning application will expire on September 30, it is recommended that the Council extend the 6 months time period until October 27. Unless the Council takes action by that time the application will be automatically denied. Mint �. Regui .ouncil Meeting September 29, 1976 Page 7 b. Mr. Ismael Perez Mora: "R -1B" to "B-1", located on the north right of way of Old Brownsville Road opposite the intersection of Saratoga Boulevard with Old Brownsville Road was heard on March 31, 1976 and denied. In lieu thereof, a special permit was granted for a drive-in convenience store. A site plan has not been received. However, a plat of the property has been submitted and was considered by the Planning Commission on September 14. Since a 8" water line and fire protection would be required if the special permit is granted instead of a 6" line if the property is developed as residential property, the Commission tabled the plat for 6 weeks pending resolution of the zoning application. The 6 months time period expires September 30. Mr. Walker advised that the Staff recommends the time period in which to act on those two cases be extended to October 27, 1976. Motion by Gulley, seconded by Tipton and passed unanimously, to extend the time period for the two foregoing zoning cases to October 27. Mayor Luby then called for the ordinances. City Secretary Read reminded the Staff it was necessary to consider the first ordinance separately. Assistant City Manager Walker submitted the ordinance to the Council, as follows: ORDINANCE NO. 13420 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF SIDEWALKS AS FOLLOWS: 1. Calallen Drive, from Smith Drive to Burning Tree Lane, west side only; 2. Up River Road, from Cantwell Drive to Van Cura Drive, south side only; 3. Carroll Lane, from Wesleyan Church to connection of existing sidewalk, west side only; and 4. McArdle Road, from Broughton Drive to Carroll Lane, north side only, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; 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". Assistant City Manager Walker then presented the remaining ordinances. There was no discussion from the audience. City Secretary Read polled the Council for its vote. All ordinances passed unanimously, as follows: FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-255, SCHEDULE VI, DECREASE OF STATE LAW MAXIMUM SPEED, SO AS TO DECREASE THE SPEED ON ALL ROADS AND PARKING LOTS IN COLE PARK TO 15 MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting September 29, 1976 Page 8 THIRD READING: ORDINANCE NO. 13422 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 third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". THIRD READING: ORDINANCE NO. 13423 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN 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 third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". THIRD READING: ORDINANCE NO. 13424 GRANTING TO BLUEBONNET TRANSPORATION COMPANY A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, AND PARTICULARLY IN THE FLOUR BLUFF AREA, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PERCENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. 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. 13425 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1, 3, 4, 5, 6, 7-A, 7-B IN CONNECTION WITH THE KOSTORYZ ROAD, PADRE ISLAND DRIVE TO HOLLY ROAD STREET IMPROVEMENT PROJECT NO. 220-72-5; APPROPRIATING OUT OF THE 220 STREET BOND FUND $33,000 OF WHICH $27,705 IS FOR ACQUISITION AND $5,295 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES RELATED TO CLOSING; 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. 13421 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT SHOWING ESTIMATES OF VARIOUS COSTS FOR IMPROVEMENT OF: UNIT VIII OF THE SIDEWALK PROGRAM, 1. Calallen Drive, from Smith Drive to Burning Tree Lane, west side only; 2. UpRiver Road, from Cantwell Drive to Van Cura Drive, south side only; 3. Carroll Lane, from Wesleyan Church to connection of existing sidewalk, west side only; and 4. McArdle Road, from Broughton Drive to Carroll Lane, north side only, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD OCTOBER 27, 1976, AT 4:00 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, AT 302 SOUTH SHORELINE, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. Th- ^•barter Rule was suspended and the foregoing ordinance was passed by the following Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "A e' .es Regular Council Meeting September 29, 1976 Page 9 • ORDINANCE NO. 13426 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR A NARCOTICS TASK FORCE AND TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM IF THE GRANT IS APPROVED; 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. 13427 APPROPRIATING THE SUM OF $24,348.42 AS FOLLOWS: $ 310.92 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4732, CODE 502 $ 1,414.16 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502 $11,928.31 OUT OF THE NO. 220 STREET BOND FUND $ 1,916.96 OUT OF THE NO. 245 AIRPORT BOND FUND $ 6,171.92 OUT OF THE NO. 250 SANITARY SEWER BOND FUND $ 1,765.28 OUT OF THE NO. 268 HEALTH FACILITIES BOND FUND $ 840.87 OUT OF THE NO. 291 PARK BOND FUND TO SUPPLEMENT $3,033.25 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $27,381.67 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING THE MONTH OF AUGUST, 1976; 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. 13428 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 LAND AT CORPUS CHRISTI INTERNATIONAL AIRPORT, NEEDED FOR EXPANSION OF THE AIRPORT, IN THE AMOUNT OF $578,722, ALL AS MORE FULLY SET FORTH IN THE GRANT AGREEMENT, CONTRACT NO. DOT-FA-76SW-8100, PROJECT NO. 6-48-0051-05, 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: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Mayor Luby then opened the floor for petitions or information from the audience and recognized Mr. Michael Kendrick, attorney for merchants at Six Points requesting a solution to the parking problem at the White Rabbit discotheque. Mr. Kendrick told the Council that the Board of Adjustment heaid the White Rabbit's case yesterday but tabled the matter until their next meeting in one month. He stressed that in the meantime the parking is a problem every night and infringes on the rights of the adjacent property owners. He pleaded that some action be taken now. He asked that the City Attorney be instructed to file a lawsuit against the White Rabbit to enforce the parking requirements of the ordinance, rather than their having to file a private lawsuit against the discotheque. Attorney Lee Mahoney, representing the owners of the White Rabbit, said they are trying very hard to comply with the procedures which should be followed; he claimed Mr. Kendrick was not satisfied with what the Board of Adjustment did, so Minutes Regular Council Meeting September 29, 1976 Page 10 is asking the Council to do away with the ordinary procedures. He went on that this is one further example that the parking problem is not the main issue; that the opponents simply want the White Rabbit closed. In further discussion, City Attorney Aycock stated the matter is before the Board of Adjustment and he did not believe the Council should intervene and take any action. Assistant City Manager Walker informed the Council that the Staff will have the amendment to the zoning ordinance concerning parking for nightclubs and discotheques completed soon. He concurred with City Attorney Aycock that the item is properly before the Board of Adjustment now and that it should be heard and completed there before the Council considers any further action. Mr. Kendrick spoke up that the matter could stay tabled by the Board indefinitely, and stressed that they want a time limit set for the problem to be resolved. Assistant City Manager Walker responded that the Staff would bring the matter back before the Council if the Board of Adjustment does not act. Mr. Mahoney protested that the item had not initially been listed on the agenda and the owners were not notified, but action was taken and they were informed later; that they were told over the phone at a later date by the Staff that they would need 12 more parking spaces; and still later were informed that the Board of Adjustment would require a different number of spaces. He asked that the parking requirement for the White Rabbit be put in writing so they can comply. Council Member de Ases agreed that was a reasonable request that the parking requirement be put in writing. Assistant City Manager Walker replied that he knew that "the owners were notified in a letter from the Staff that there would be a requirement of 1 parking space per every 200 square feet of building"; and he looked through the file for the letter. Mayor Luby asked for a report on how much parking space is 'provided for their own customers by the other businesses who are complaining against the White Rabbit. Assistant City Manager Walker located and read the letter he had referred to; the letter instructed the owners of the White Rabbit to appeal to the Board of Adjustment. The letter did not mention what the parking requirement for the discotheque should be. k-. _es Regular Council Meeting September 29, 1976 Page 11 Mayor Luby recessed the meeting at 3:21 p.m. prior to a Special Council Meeting to consider three zoning cases. The Regular Meeting was resumed at 4:13 p.m. with further petitions or informa- tion from the audience. Mr. Bob White addressed the Council on behalf of the Gateway Christian Center in Flour Bluff, explaining that they constructed a sign giving time of services, location and other information about their church in one of their members' yards on Padre Island Drive; that the property is located at 1114 Stone and is zoned "B-4". He said they received a citation from the Dept. of Inspections that the sign was illegal and must be torn down within 10 days. Mr. White stated he did not interpret the ordinance to include philanthropic organizations; therefore thought their sign was legal. He also pointed out other illegal signs and political signs along that area of Padre Island Drive. He emphasized that a lot of tourists pass through the area who might want to go to church, and asked that the sign be allowed to remain. Assistant City Manager Walker responded that the Staff would check into the matter and report back on it next week; and that the sign could stay up until then. There being no further business to come before the Council, on Motion by de Ases, seconded by Lozano and passed unanimously, the Regular Council Meeting of September 29, 1976 was adjourned at 4:22 p.m.