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.