Loading...
HomeMy WebLinkAboutMinutes City Council - 02/13/1996I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of February 13, 1996, which were approved by the City Council on February 20, 1996. WITNESSETH MY HAND AND SEAL, this 20th day of February, 1996 Armando Chapa City Secretary SEAL `'7 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 13, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. David McNichols Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward Martin City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Michael Hale, Travis Baptist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member McNichols. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of January 30, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Mechanical/Plumbing Advisory Board Reed Glendenning (Reappointed) Joe Frazer (Reappointed) Ralph Pitzer Abelardo Flores Nick Llanes Minutes Regular Council Meeting February 13, 1996 Page 2 Mayor Rhodes opened discussion on Item 3, a public hearing on the proposed ordinance regulating adult businesses with undesirable secondary effects. City Manager Garza said that during his tenure as City Manager, citizens have approached staff about the possibility of regulating sexually oriented businesses. He said staff was aware that cities had constitutional authority to impose some regulations --which the draft ordinance attempts to do --but cities cannot ban adult businesses. Mr. Garza said the purpose of Corpus Christi's proposed ordinance is to remove sexually oriented businesses from neighborhoods (residential and commercial) with which they are incompatible. He said numerous other cities have adopted similar ordinances, and studies conducted throughout the United States show that such businesses contribute to urban blight, the decline of property values and crime. He said the issue is not whether topless bars cause worse problems than other bars, but rather whether topless bars and other commercial sex enterprises harm neighborhoods; all the studies conclude that they do. Referring to criticism of the Police Department's recent report of the high number of police checks made to topless bars, Mr. Garza said sexually oriented businesses have a high potential for Penal Code violations, and it is incumbent upon police to maintain a police presence in those bars for prevention. City Attorney Bray noted that the proposed ordinance is long and comprehensive; therefore, he summarized major aspects of it. Generally, the ordinance defines sexually oriented businesses as commercial businesses whose primary business is sexual gratification. He briefly described the eight types of sexually oriented businesses which are regulated by the ordinance: adult arcades, adult bookstores, adult cabarets (lounges), adult encounter parlors, adult modeling studios, adult motels, adult movie theaters, and adult novelty shops. Mr. Bray also discussed the proposed locational restrictions for sexually oriented businesses within "I-3" zoning alone or both "I-2" and "I-3" zoning (industrial areas). Other restrictions include not locating adult businesses within 1,000 feet of a residential district, and not within 1,000 feet (or 1,500 feet) of each other. He said the Board of Adjustment would be empowered to grant exemptions from those locational requirements if it found there was no detriment to nearby properties and the distance requirement is not reduced by more than 250 feet. With respect to existing adult businesses, the ordinance proposes that there be either a permanent or a 10 -year right to continue (without expansion) the business so long as it is not terminated or discontinued for one year; in other words, they would be treated exactly as a nonconforming use under the city's present zoning ordinance. Mr. Bray discussed aspects of the ordinance dealing with permitting adult businesses and Minutes Regular Council Meeting February 13, 1996 Page 3 reasons for revoking a permit. He noted that revocation would result in the loss of the nonconforming use to the permittee. Mr. Bray also reviewed specific regulations concerning certain adult businesses, as well as general regulations which would pertain to all adult businesses. Mr. Brandol Harvey, Director of Planning and Development, showed a video illustrating some of the existing adult businesses and types of businesses located in "I-3" zoning. He also used maps to depict the "central core" of industrial zoning where adult businesses would be recommended to be located, generally bordered by Agnes Street, Interstate 37, Leopard Street and the Corpus Christi International Airport. Responding to Council Member Martin, Mr. Harvey said the proposal calls for adult businesses to be located at least 1,000 feet from residentially zoned property (as opposed to residential uses). He said if the businesses were restricted to "I-3" zoning only, at 1,000 feet apart from each other, there would be over 100 sites available; over 63 sites would be available if they were spaced 1,500 feet from each other. If they were allowed in both "I-2" and "I-3" zoning, there could be over 330 sites at 1,000 -foot spacing, and 175 sites at 1,500 -foot spacing. Additionally, four new "windows" (location areas) would be available on the southside if "I-2" were allowed. He said that increasing the spacing between adult businesses is the best way to guarantee their dispersal. The staff s recommendation is that any new adult businesses would be prohibited from within 1,000 feet of residential zoning, that they be located in "I-3" zoning, and that they be spaced 1,500 feet apart from each other. Mayor Rhodes called for comments from the audience. She said the time allowed for each person to comment would be limited due to the number of people wishing to testify. The Mayor added that people would be allowed to submit in writing anything they feel they did not have time to discuss. She noted that the proposed ordinance would be considered on two readings. Ms. Gloria Garza Deverick, 4848 S. Alameda, said she was making an appeal to save people's homes and children. Mr. Richard Beck, owner of Fantasy, a topless bar located at 6425 S.P.I.D., said thousands of taxpayer dollars had been wasted in the development of the proposed ordinance and he called it a legislation of morality. He said topless bar owners were business people who contribute to charities and pay heavy taxes. Ms. Carlita Hernandez, 3105 Baybrook, a bartender at Fantasy, said she enjoys her work and would like to keep her job. Mr. James Dismukes, 6625 S.P.I.D., another Fantasy employee, contested reports of violence Minutes Regular Council Meeting February 13, 1996 Page 4 at topless bars. Mr. Carl Michaels, owner of the Country Peddler Store downtown, submitted a list of names of people who objected to the presence of adult businesses in the downtown area. Mr. Thomas Tyler, 4202 Walnut Hills, disputed the police study of topless bars. Ms. Dee Huber said topless bars do not affect children, and she questioned the proposed location of adult businesses in "I-3." Mr. Ben Young said the topless bars were turning Corpus Christi into a "sin city." Mr. Alan Yaffe, 618 S. Staples, an attorney representing topless nightclubs, said the proposed ordinance was an attempt to divert regulation of the clubs from the Texas Alcoholic Beverage Commission, a state agency, to the city. He said the staffs statistics on topless bars were false. Ms. Terese Gilbert said the adult businesses were immoral, and she cited a study of the effects of pornography. Mr. Matt Stevens, Eldon Drive, said he thought the topless bars were being discriminated against. Dr. Todd Howell, a local emergency room physician, criticized topless bars and the promiscuousness that he says is associated with them. Ms. Shari Reyes, 1546 Woodlawn, said her property is located less than 100 feet from a topless bar (Fantasy). She urged the Council members to curtail and limit topless bar activity because it infringes on the homeowners' and citizens' rights. She said traffic in her neighborhood has increased because of the bar there. She also submitted a list of over 400 signatures of people objecting to the topless bar. Ms. Joanie Williams, 1546 Woodlawn, said the loud music from the adjacent topless bar is very disrupting to the neighbors, as is the increased traffic. Mr. Ovidio Garcia, 1617 Woodlawn, said he is also directly affected by the activities at Fantasy club. Ms. Dorothy Dundas, 406 Paloma, said that when she moved to Corpus Christi a few years ago she was very disappointed at the number of neighborhoods which have topless bars adjacent to them. She said the presence of topless bars is inappropriate for children and families. Minutes Regular Council Meeting February 13, 1996 Page 5 Ms. Tamara Wink, 1818 Rodd Field Rd., said the topless bars provide a supply for a demand, and they should be allowed to continue to operate. Mr. Jeff Atwood, 1818 Rodd Field Rd., said the ordinance regulating sexually oriented businesses would be unconstitutional and would lead to tyranny, both legally and economically. Rev. Paul Grala, 204 Dunne St., a priest at St. Anthony Catholic Church in Robstown, questioned why the adult businesses were not advertised in the local visitors' and restaurant guides. He said the topless bars are a form of slavery for the women who work there. Mr. Larry Ligon, 522 Indiana, an elder at Church of Christ South, said he and other members of his church strongly oppose the promotion of obscenity to increase the sale of alcohol. He said they generally support the staff's recommendations, but they would like to see topless bars closed down completely. Mr. Doug Loveless said he was a former patron of topless bars, and he said that jobs were not the issue --the safety of the community's families was. He said patrons often solicit prostitutes after leaving topless bars. He said he wanted his wife and daughter to feel protected. Ms. Pamela Woods, 1234 Nile, said she supported the proposed ordinance, except for the 10 - year amortization clause; she said 10 years was too long. She asked whose rights prevailed in this situation --the rights of the topless bar owners or the rights of the homeowners to be safe. Mr. Paul Tisdale, 344 Canterbury, said that drugs are an element in topless bars. Mrs. Dorothy Spann, 502 Del Mar, said she supported the proposed ordinance. She also said proper notice to the local school district was not given before a permit for a topless bar was issued. Mr. Anthony Williams, 1408 Winnebago, said he felt the Council and staff had other pressing issues instead of regulating topless bars. Ms. Cynthia Schoensburg, a waitress at Heartbreakers (a topless bar), said the ordinance would cause many people to lose their jobs. Mr. Leo Duran, 637 Naples, an attorney representing topless clubs, said he lives near Party Doll (a topless club) and he has never been disturbed by the activities there. Mrs. Susan Barrett, 4006 Marion Circle, said the existing topless bars are detrimental to public health, safety and welfare. She said allowing them to stay open for 10 years would not be in the best interest of the community. Minutes Regular Council Meeting February 13, 1996 Page 6 Mr. Tracey Barrett, 4006 Marion Circle, said the topless bars send a bad message to tourists and all citizens, and he asked the Council to consider the negative effects of adult businesses --a decrease in property values, an increase in crime, and overall blight. Mr. David George, 6701 Everhart, said he was a teacher and he expressed concern about the impact of topless bars on children. Mr. Sam Davis, 6018 Hugo, said he had built the building located at 6425 S.P.I.D. several years ago when the street was called Lexington. He said since Fantasy opened in that location, the building has been greatly improved. Mrs. Sam Davis, 6018 Hugo, also said that Fantasy is an improvement of the building there. Mr. Leon Perez, 504 Buford, said the proposed ordinance would put many people out of work and they would be forced to go on welfare. Ms. Martha Stowe said she works in a topless bar and is now financially stable. She said there is more promiscuity depicted on television than occurs in topless bars. Ms. Betty Lou Dalton, 5830 Shamrock Dr., said that even a three-year amortization was too long for the topless bars. She said there the employees could find other jobs and could be assisted by adult learning centers and other services. She said the signage regulations for topless bars should be enforced. Ms. Jackie Jackson said she was a single parent raising three children on her income as a dancer at a topless club. As a result, she did not have to stay in an abusive relationship or go on welfare to provide for her children. She submitted information objecting to the ordinance. Mr. Don Taylor, 4229 Five Points Road, said he moved to Corpus Christi from Los Angeles to escape violence. He said everyone needed to work together to find a solution to this issue. Mr. Randy Reed, 7201 Candy Ridge, said he is beginning to question his decision to move his family here from Charlotte out of concern for them. He said pornography leads to increasingly violent sex crimes. Mr. Marcus Haas, 544 Southern, said the regulations did not pertain to scantily clad maid services, such as the one that had existed in Corpus Christi. Mr. Stanley Ulatoski, 4622 Branscomb, said he was the manager of Bottoms Up nightclub. He criticized many aspects of the ordinance, saying it will cause all of the topless bars to close and put many people out of work. Minutes Regular Council Meeting February 13, 1996 Page 7 A woman who said she was a dancer at Fantasy said she worked hard to earn her money, and the club was merely adult entertainment. Mr. Carlos Rodriguez, 5121 Curtis Clark, said he worked for Bottoms Up and he defended the employees of topless bars. Mr. Mike Pollakis said he worked at Heartbreakers (a topless club), which he said does not have criminal activity that occurs at other bars. Dr. Rob Tschauner, 2702 Chapel View, a local family practice physician, said he supported the ordinance and the effort to remove the topless bars from the neighborhoods. Ms. Janice Jones, 1225 Bernice Dr., an employee of Bottoms Up, said the ordinance would leave hundreds of hard-working people unemployed. She said it would result in a negative domino effect on the city. Ms. Christina Cervantes, 1325 Rodd Field Rd., also a topless bar employee, said she has two children who attend Smith Elementary and she believes there is more violence in schools than in topless bars. Mr. Eric Kite, 13901 Leopard, said he was a college-educated, drug-free citizen who worked at a topless club. Ms. Tina Dismukes said she and her husband both work in a topless club and they are able to support themselves and their two children. Ms. Pam Barcroft, 5349 Crossridge, said there are secondary effects of topless bars and she would like her children to live in a safer city than it is now. Rev. Wiley Cameron, pastor of the People's Baptist Church and director of the Roloff Homes, said that over the years his organization has helped many people who were victims of topless bars, and he offered the church's help. He added that the law does legislate morality. Mr. Albert Flores said he managed a topless bar. He said topless bars are heavily regulated by the Texas Alcoholic Beverage Commission (TABC), and they provide a service. Ms. Tiffany Hubert said she opposed the ordinance, adding that there are more sexual images in advertising and art work. She said the topless bar employees were not criminals. Ms. Bonnie Nolan, an employee at Heartbreakers, asked if the city was going to support her and her child if the ordinance was passed and she lost her job. Minutes Regular Council Meeting February 13, 1996 Page 8 Dr. Richard Bonn said he and his family recently moved to Corpus Christi and they are considering relocating because of the presence of topless bars. He said there is a secondary effect of fatherless children, which creates many more societal problems. Ms. Eleanor Rector, 1233 2nd St., referred to a Scripture passage and urged the Council to do what is right before God. Ms. Alice Flores, 1740-B Treyway, said she lived next door to and was employed at Bottoms Up. She said she earns a substantial living there for her and her two children. Ms. Samantha Moore said she works at Bottoms Up and doubts she would make as much money at any other job. Ms. Maria Rebecca Trujillo, sang the song "God Bless America." Ms. Delia Wimberly said she was against any topless bars in Corpus Christi, but since that was not likely to occur, she supported regulations which restricted their location. She asked who had the authority to close the clubs, and Mayor Rhodes replied that the Police Department did. Mr. Brian Woodworth said the police study was misinterpreted when police activity and criminal activity were considered to be the same. Mr. Martin Brown, an employee at Pepper's (a topless bar), said individuals needed to be responsible for raising their children. Mr. Paul White, a member of the pastoral staff at Yorktown Baptist Church, said his church would be willing to help any individuals who could be affected by the rezoning of the topless bars. He said he opposed topless bars because they represented a degraded form of sex and entertainment. Mr. Hugh Poland, the music minister at Yorktown Baptist Church, urged the Council to do the honorable thing by regulating the adult businesses. Mr. Harris Ford, a winter visitor to the community, said moral perceptions are not credibly tangible to the facts pertaining to overregulation or closure of topless bars. Mr. Raymond Wimberly, 806 Alden Dr., said the issue before the Council concerned not only topless entertainment but also how much more alcohol would be sold. Mr. John Garcia said that by regulating the topless bars the Council would, in effect, be banning them. Minutes Regular Council Meeting February 13, 1996 Page 9 Mr. Kenneth A. Matthews said he was a former member of the armed services, and he said the flag of the United States represents freedom under God. Ms. Ledell Adair, president of the corporation that runs Peppers and Club Santa Fe, said the solicitation of prostitution was illegal by both men and women, and she said it was not tolerated in her clubs. She said if the ordinance was approved, she wanted a complete definition of what is considered a sexually explicit service. Ms. Dawn Buckley said because of her job as a waitress at Pepper's, she has been able to earn a college degree and is working on her master's degree. She said there are more problems at the VIP Club. Ms. Sherry Johnson said topless bars directly affect children. She added that she had been assaulted while jogging one day and suggested there was a relational effect. Mr. David Ives, Flagstaff Dr., said the ordinance would only require that the topless bars relocate to a different zoning district. He added that the Council members' votes on this issue would be watched by their constituents. Mr. Gerald Benadum, an attorney representing Fantasy and Bottoms Up, said topless bars are already overregulated by the TABC and there was no evidence that topless bars, as compared with any other establishments, create a secondary effect on neighborhoods. Mr. Abel Alonzo, 1701 Thames, said he strongly supported the ordinance for the sake of children in the community. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Mayor Rhodes reiterated that anyone who felt they wanted to submit more information to the Council could do so. * * * * * * * * * * * * Mayor Rhodes called for a 10 -minute recess. * * * * * * * * * * * * * * Mayor Rhodes continued the discussion on Item 3, regulation of adult businesses. She said there were four major issues facing the Council with regard to the proposed ordinance. The first was the issue of "grandfathering" the existing topless bars. Minutes Regular Council Meeting February 13, 1996 Page 10 Council Member Heldenfels said the existing topless bars should be allowed to stay in their current locations in perpetuity. Responding to a question from Council Member Best, City Manager Garza said the ordinance included fees that sexually oriented businesses would have to pay, in addition to other fees they have to pay the state and city taxes that are collected. He added that if the Council opted to grandfather the existing topless bars in perpetuity, they would be treated the same as current nonconforming zoning uses are treated: in the event that the business would close for one year or longer, the nonconforming use would cease. Dr. Best said that limiting the adult businesses to a specific zoning district would result in all of them being located in Council Member Betty Jean Longoria's district (District 1). He said that would result in the creation of a "red light" district. Mr. Garza said staff tried to deal with the issue of over -concentration of these businesses by proposing a minimum of 1,500 feet between any two adult businesses. Dr. Best questioned whether the value of the existing adult businesses would increase because of their location. Mr. Garza said staff felt the 10 -year amortization clause would address that issue. They felt that 10 years was reasonable because the local adult businesses, on the average, change ownership about every two to three years and 10 years was sufficient time for the owners to recoup their investments. Mr. Garza added that there is a provision in the ordinance where the city can grant an extension to the 10 -year limit if the owner can conclusively show that he needed more time to recover his investment. Council Member Black said she was in favor of permanently grandfathering the existing topless bars, and she did not want to put so many limitations on them that would result in them going out of business. Council Member Martin requested a list of types of adult businesses. He also asked if there could be different levels of amortization based upon location. He also requested more information about amortization of adult businesses in other cities. He added that if the existing local adult businesses were allowed to be amortized in perpetuity, that would create a tremendous value issue that the city did not intend to create. He said the staff could think of creative ways to avoid the issue of the artificial value of existing adult businesses. Regarding nonconforming uses, Mr. Martin also suggested that the one-year closure be changed to a six-month closure, at which time the nonconforming use would cease. Council Member Cooper also expressed concem about the one-year closure aspect. She said the city should only allow transfers of ownership of adult businesses when a business is in good Minutes Regular Council Meeting February 13, 1996 Page 11 standing with regard to taxes, etc., to prevent the situation of it going bankrupt and reforming under a different name. Mr. Heldenfels said the definitions in the ordinance did not address topless bars. City Attorney Bray replied that topless bars are adult cabarets and adult lounges as described in the ordinance. Mr. Heldenfels said he did not agree with that definition. Responding to a question from Mr. Heldenfels, Mr. Garza said that as provided in the ordinance, a nonconforming use attaches to the land, and not to an individual owner. Mr. Bray said the Council could adopt a provision whereby the passage of ownership from one person to his or her heirs would not be defined as a transfer. Council Member Betty Jean Longoria agreed with Dr. Best that locating all of the adult businesses in the "I-3" zoning, as proposed by staff, would result in the formation of a "red light" district. She said that location is still very close to the city's westside, as well as along IH -37 leading to the northwest area, which is also in District 1. She noted that there have been complaints that most of the regular bars are located on the westside. Council Member McNichols asked what the alternative would be rather than locating the adult businesses in "I-3." Mr. Garza said those were the challenges that staff faced in trying to separate all of the incompatible uses around the city. They determined that probably the greatest compatibility would be for adult businesses to be located in heavy industrial zoning districts. Dr. McNichols asked if there was any direct evidence of serious crime occurring in neighborhoods adjacent to adult businesses, such as sexual assaults, assaults on children, and other crimes. Mr. Garza replied that staff could compile a study that would show those effects; however, they did not expend the amount of time, staff resources, or money that such a study would require because staff knew that the cause -and -effect principle was well-established. Mayor Rhodes pointed out that according to staff's zoning analysis, with the most restrictive locational requirements in place, there would still be over 60 sites available for adult businesses. She said she did not think a "red light" district would be created. In response to Council Member John Longoria, Mr. Garza said that if the ordinance were adopted and the existing adult businesses were amortized for 10 years, at the end of that period they would have to relocate to "I-3" zoning because their use would not be allowed in their current zoning. Mr. Harvey pointed out that eight of the 15 topless bars are immediately adjacent to residential zoning, and 14 of the 15 bars are less than 1,000 feet away from residential zoning. In addition, one topless bar is currently located 110 feet from a school, and another is 150 feet from a school. Minutes Regular Council Meeting February 13, 1996 Page 12 Mr. Harvey said that since most of the local adult businesses are bars, the appropriate zoning is "B-4"; however, some of them are nonconforming as a bar, in addition to possibly being nonconforming as an adult business. Mr. Longoria pointed out that the "I-3" area where the adult businesses may be located is the city's northwestern gateway, and he questioned how many of the existing adult businesses would actually relocate there. Mr. Longoria asked if an adult business was closed down for violating the regulations, could the owner sell that business, thereby maintaining a topless club in that location, and Mr. Bray stated that the owner could sell it. Council Member Cooper stated that she felt the proposed regulations concerning revocation of a permit are more clear and fair. Dr. Best asked about the situation of Fantasy club. Mr. Garza said the property on which Fantasy is located is zoned `B-4." He added that all of the existing adult businesses are operating with the correct permits as currently required, although some are considered nonconforming with regard to zoning. Dr. Best also asked if most of the businesses were owned by the operators, and Mr. Garza said staff would provide that information. Mayor Rhodes pointed out that laws have changed in the last few years and the courts have recognized cities' authority to regulate adult businesses. Mr. Bray noted that Corpus Christi did not yet have the authority to do that, which was the intent of the proposed ordinance. Mr. Garza said that in addition to the two "grandfather" options proposed by staff, the Council may also want to consider a combination of the two options whereby a grandfather clause would for a period be attached to the land, and thereafter be attached to the individual. Mr. Heldenfels said another option could be to exempt all existing adult businesses from the regulations forever. Mr. Garza replied that that option was in direct contradiction with the argument that the adult businesses are deleterious to the adjacent neighborhoods. Mr. Heldenfels referred to a study by a statistics specialist at Texas A&M University -Corpus Christi that disputed the Police Department's statistics of police calls to topless bars. Mr. Heldenfels also stated that he knows appraisers in Corpus Christi who will testify that topless bars do not lower the values of adjacent properties. Mr. Heldenfels then made a motion to grandfather the existing 16 adult businesses in perpetuity; the motion was seconded by Mrs. Black. Mrs. Cooper proposed an amendment to Mr. Heldenfels' motion in which a 10 -year grandfather clause would be attached to the land, with a perpetual grandfather clause attached to the owner and his or her heirs. Mr. Heldenfels questioned whether such provisions would be Minutes Regular Council Meeting February 13, 1996 Page 13 constitutional, and Mr. Bray replied that he thought they would be upheld in court. Mr. Heldenfels and Mrs. Black accepted Mrs. Cooper's amendment to their motion. A brief discussion ensued. Mr. Martin commented that probably for most of the existing adult businesses, the land and building are owned by a different person than the permittee, and both may have an investment in that business. He suggested that as long as the definition of "owner" is clarified, then that person could have the right to one sale or transfer other than the passing on of ownership to one's heirs. Mr. Bray acknowledged that the issue of ownership is complex and would have to be examined carefully. Mayor Rhodes explained that the motion the Council would be voting on was intended to give direction to staff in their development of the ordinance regulating adult businesses. City Secretary Chapa polled the Council on the motion to grant a 10 -year grandfather clause for the land use with a perpetuity clause attached to the owner. The motion failed to pass by the following vote: Cooper and Heldenfels voting "Aye"; Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "No." Mrs. Black said she voted against the motion because of the idea of attaching the grandfather clause to the land use. She said she did not think the city should impose a lot of restraints on topless bars because they are already heavily regulated by the state, and if restraints were imposed, they should include all the bars. Mrs. Black then made a motion, seconded by Mr. Heldenfels, to grandfather the existing adult businesses in perpetuity. City Secretary Chapa polled the Council for their votes on the motion, and it failed to pass by the following vote: Black, Heldenfels, and J. Longoria voting "Aye"; Rhodes, Best, B. Longoria, Martin, and McNichols voting "No"; Cooper absent. Mayor Rhodes said that although she felt 10 years was too long, she would favor a 10 -year amortization clause for the existing adult businesses since it seemed that option would garner sufficient Council support. Mr. Martin said he would prefer a complicated formula that allows for fair treatment while at the same time deals with a time limitation, but he recognized the difficulty in drafting such a formula. Mr. Martin then made a motion that the proposed ordinance include a 10 -year amortization clause for the existing adult businesses; seconded by Mayor Rhodes. City Secretary Chapa polled the Council for their votes on the motion, and it passed by the following vote: Rhodes, Best, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Heldenfels voting "No." Mr. Martin asked the staff to solicit comments from the adult business owners specifically Minutes Regular Council Meeting February 13, 1996 Page 14 on the 10 -year amortization clause. Responding to Dr. McNichols, Mr. Garza said that with respect to violations contained in the proposed ordinance, staff talked with some adult business owners to address their concerns, one of which that they not be held accountable for criminal activities that may occur in the parking lot of their businesses. Mr. Garza added that staff would have other meetings with the owners to discuss additional aspects of the ordinance. Mayor Rhodes made a motion to limit the new adult businesses in the "I-3" zoning district only; seconded by Mr. Martin. City Secretary Chapa polled the Council for their votes on the motion, and it passed by the following vote: Rhodes, Best, Black, Cooper, and Martin voting "Aye"; Heldenfels, B. Longoria, J. Longoria, and McNichols voting "No." Mayor Rhodes made a motion to establish a minimum of 1,500 feet between the adult businesses in "I-3"; seconded by Mr. Martin. City Secretary Chapa polled the Council for their votes on the motion, and it passed by the following vote: Rhodes, Best, Black, Cooper, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and B. Longoria voting "No." The Mayor said the next issue to consider was the "three strikes and out" clause --three convictions in a two-year period would result in revocation of the permit. Mr. Heldenfels made a motion that that clause apply to felonies or misdemeanors involving moral turpitude, as defined in the Texas Penal Code. Mayor Rhodes asked if Mr. Heldenfels would hold his motion pending more information from staff, and he said he would. Mr. Martin suggested that the nonconforming use for the existing adult businesses cease if the business is closed for six months, rather than one year as originally proposed. Mr. Garza said another issue to consider was the case of the Uptown Bar and Grill --whether an ordinance concerning adult businesses that was passed by the Council on November 21, 1995 would apply to that business, which opened on December 27, 1995. Mr. Martin questioned how the city's zoning ordinance defines a restaurant, and he pointed out that the Uptown Bar and Grill is located in "B-1" zoning which does not permit bars. Mr. Harvey replied that the zoning ordinance made the distinction by using such language as "primarily alcohol sales" or "primarily food sales," but that created problems with regard to code enforcement. Mr. Bray added that there is confusion concerning the phraseology of that section of the code, and the way it is resolved is that if a business serves some degree of food it is considered a restaurant. Mr. Martin pointed out that many cities require restaurants to show that more than 50% of their revenue is derived from food sales in order to be classified as a restaurant. Dr. McNichols said Minutes Regular Council Meeting February 13, 1996 Page 15 the whole issue of the definitions of restaurants and bars should be dealt with at another time. Mr. Martin then asked why the Uptown Bar and Grill applied for a rezoning, and Mayor Rhodes asked that staff bring back the case for a public hearing. Upon verification from Mr. Garza, Mayor Rhodes said the first reading of the ordinance regulating adult businesses would be scheduled for March 19, 1996. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, new landfill preliminary design and permitting. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. M96-035 Motion authorizing the City Manager or his designee to execute a contract in the amount of $1,485,800 with EMCON for professional services required for the preliminary design and permitting of the new Regional Solid Waste Facility. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, Whitecap Wastewater Treatment Plant expansion. City Manager Garza announced that he was postponing this item in order to do more research on the wastewater flows. Responding to Council Member McNichols, Mr. R.H. Shackelford, Director of Engineering Services, explained that two engineering firms merged, thereby requiring an amendment to the contract for engineering services to reflect the name change. He added that staff had planned to have a resident project representative, but that had not been included in the original negotiations with Shearer, Plog & Associates. 5.a. POSTPONED idmaneC apptopinating st int c ainowlt OI $525,000 It Sanitary Sc. 1 Capital IuipiOvcineut 1,.. vu .11 96 Capital Budget to inCiCaSL, appiopiiatious i" thk., Saiutaiy Scw..,a Capital In.pluv1,...to„ t Minutes Regular Council Meeting February 13, 1996 Page 16 Ftittel-by4-52-5;0007 5.b. POSTPONED Cm..pany and authoiizcs act iiete..s..:n th., contact to„ou..t of $150,000 t., p.ovidc a Residet.t Ilene. t ReYn.3entativ a at tit, eo..3t. aetiot. site. 5.c. POSTPONED ., :.o : ..0: . • Whitc.,ap WWTP Lxpaissiet. from 0.8 MCD to 2.5 MCD. 5.d. POSTPONED $20,000 with Gulf Coast Testing Laboratory, Inc. for tcsting services a33ociatcd with the VS * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, Coastal Bend Housing Finance Corporation. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 022480 Resolution of the City Council of the City of Corpus Christi, Texas approving the making of home mortgage loans within the City from the proceeds of bonds issued by the Coastal Bend Housing Finance Corporation during the 1996 calendar year; and establishing an effective date. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye.” * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 7, Northwest Senior Center. Minutes Regular Council Meeting February 13, 1996 Page 17 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. M96-036 Motion awarding a contract in the amount of $748,550 to Construction/Project Management, Inc. for construction of the new Northwest Senior Citizen Center - West Guth Park. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, airport master plan update. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 022481 Ordinance appropriating $510,000 for the Corpus Christi International Airport Master Plan Update Drainage Study, Part 150 Noise Compatibility Study, and Heliport Site Selection Study from the following sources: $110,000 from the Airport Capital Reserve and $400,000 from FAA Grant No. 3-48-0051-22-95; adding $510,000 to the Airport Capital Improvement Fund No. 245. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 8.b. M96-037 Motion authorizing the City Manager or his designee to execute a contract in the amount of $505,780 with Leigh Fisher Associates for the Airport Master Plan Update, Drainage Study, Part 150 Noise Compatibility Study, and Heliport Site Selection Study. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting February 13, 1996 Page 18 Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 995-1. Fleet Reserve Association: A change of zoning from "RA" One -Family Dwelling District to "I-2" Light Industrial District on Flour Bluff Heights, Block 5, Lots 1 through 7 and 19 through 25, located on the east side of Carletta Street, between Valerie and Jester Streets. Mayor Rhodes said the Planning Commission and staff recommended denial. Mr. Harvey explained that during a previous discussion on this zoning case, the Council had asked the Fleet Reserve Association to prepare a site plan, but they were unable to do so. Consequently, based upon discussions with the applicant, staff drafted a substitute for a site plan that would accommodate both the applicant's and the Council's concerns. He said the proposal was for a special permit that would allow the fraternal lodge use on six of the 14 lots. Mayor Rhodes asked if the applicant concurred with the special permit, and a representative of the Fleet Reserve Association said they did. Mr. Tom Utter, Group Manager for Development Services, said the special permit also stipulates that off-street parking for the private lodge would be limited to 125 parking spaces to be located on the first six lots with landscaping required. On the remaining eight lots, single-family residential development would be allowed with a minimum of 12,500 square feet per premise (rather than 15,000 square feet), which would result in four lots. In addition, the expansion of the private lodge cannot exceed 500 square feet. Ms. Ellen Presnell, 318 Valerie St., said she was not opposed to the single-family residential development on the subject property, but she questioned the provision allowing the applicant to expand their building. She said that in essence, that would result in the construction of a bigger and better bar in her neighborhood, which she opposed. Council Member Martin questioned the use of the special permit for the residential lots. Mr. Harvey replied that staff did not recommend rezoning those lots because it would require that the applicant replat the property. Mr. Martin said the applicant should not be given that privilege unless every other property owner in the neighborhood was allowed to do the same. Mr. Utter pointed out that that neighborhood is in the AICUZ zone, where the intent is to limit the amount of housing units, while at the same time protect those which currently exist. Council Member John Longoria asked how the applicant responded to the proposal. Mr. Bill Pettis, President of Branch 94 of the Fleet Reserve Association, said the organization would no longer try to rezone their property to "I-2" in order to increase its resale value. He said they would try to sell the residential lots and would make improvements to their lodge as provided for in the special permit. Minutes Regular Council Meeting February 13, 1996 Page 19 Council Member Heldenfels made a motion to close the public hearing, which was seconded and passed unanimously. Mayor Rhodes made a motion to amend the ordinance to include the special permit; seconded by Council Member McNichols. The motion passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022482 Amending the Zoning Ordinance upon application by Fleet Reserve Association, by granting a Special Council Permit for a private lodge subject to four conditions on Flour Bluff Heights, Block 5, Lots 1 through 7 and 19 through 25; providing for publication. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * ** Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 19, and Council Members requested that Items 15 and 18 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M96-038 Motion approving the purchase of 60 vehicles including sedans, pickups, and vans in accordance with Bid Invitation No. BI -0097-96, in the total amount of $944,306 from the following firms based on low bid and best bid. The items are budgeted in FY 95-96 capital outlay as 7 additional and 53 replacement units. Padre Ford Crosstown Ford Corpus Christi. Texas Corpus Christi. Texas 57 units 3 units $900,236 $44,070 TOTAL AWARD - $944,306 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Minutes Regular Council Meeting February 13, 1996 Page 20 Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 11. M96-039 Motion approving the purchase of personal computer equipment for the South Texas Library System including nine workstations, nine color monitors and related components in accordance with Bid Invitation No. BI -0110-96 from MicroTek Sales, Inc., Corpus Christi, based on low bid of $23,352.50. Funding is provided through a grant from STLS. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 12. M96-040 Motion to award a contract in the amount of $ 34,900 to R.S. Black Civil Engineers and Contractors for the renovation of the pool filtration system at the Parker Park Pool. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13. M96-041 Motion to award a contract in the amount of $87,107 to Strayhom Tennis Court Construction Company for the Tennis Court Renovations - 1995 project. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14. M96-042 Motion authorizing the Deputy City Manager to enter into a five-year Cooperative Agreement between Driscoll Children's Hospital and the City of Corpus Christi to provide on-the-job training to Emergency Medical Technician students aboard Mobile Intensive Care Vehicles. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.a. ORDINANCE NO. 022483 Ordinance appropriating the amount of $62,946.21 from the Water Arterial Transmission Minutes Regular Council Meeting February 13, 1996 Page 21 Grid Main Trust Fund No. 143-246.95 to pay Alice Bank of Texas' developer reimbursement request. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.b. M96-044 Motion approving the reimbursement application submitted by the Alice Bank of Texas, developer of Brandywine South Unit One, for the installation of 1,818 linear feet of a 12" PVC water grid main. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17.a. ORDINANCE NO. 022484 Ordinance appropriating the amount of $71,410.22 from the Water Arterial Transmission Grid Main Trust Fund No. 143-246.95 to pay Dr. Jairo A. Puentes developer reimbursement request. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17.b. M96-045 Motion approving the reimbursement application submitted by Dr. Jairo A. Puentes, developer of Saratoga Medical Center, Block 1 Lots 1 & 2, for the installation of 1,904 linear feet of a an off-site 12" PVC water grid main. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19. ORDINANCE NO. 022486 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with CITGO Corpus Christi Refinery to install, operate, and maintain, three 4" and four 2" underground electrical feeders within a concrete encased duct bank measuring 18 inches high by 24 inches wide by 80 feet long and crossing the Nueces Bay Boulevard Minutes Regular Council Meeting February 13, 1996 Page 22 right-of-way at approximately 300 feet north of the Nueces Street right-of-way. The duct bank is to allow underground electrical service between the CITGO East refinery and the CITGO administrative facilities; establishing a fee of $1,610. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, contract with Greater Corpus Christi Business Alliance. Responding to Council Member Heldenfels, City Manager Garza said the Alliance has been very helpful in the city's efforts to accomplish a variety of endeavors, including restructuring the Choke Canyon debt, protecting the area's military bases, and dealing with the ozone problem. Council Member McNichols said it was essential that the city have top-quality professionals representing the city's needs at the federal level. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M96-043 Motion authorizing the City Manager or his designee to enter into a contract with the Greater Corpus Christi Business Alliance (Alliance) wherein for the period January 1, 1996 through December 31, 1996 the Alliance will obtain professional representation in Washington, D.C. from Meyers & Associates on legislative and policy issues related to long-term water supply and related debt, area military facilities, ozone standards under the Clean Air Act, and various other federal regulatory and funding programs, and providing that the City will pay $5,500 per month to the Alliance for professional representation and up to $5,000 over the term of the contract for actual travel expenses related to supervision of the contract. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 18, easement closure in the Bent Tree subdivision. Minutes Regular Council Meeting February 13, 1996 Page 23 In response to Council Member McNichols, City Attorney Bray said the basic principle is that once the city has acquired a particular piece of property for public purposes, and when it is asked to give up that property interest for private purposes, constitutionally the city has to receive value for the public property. Dr. McNichols asked how the city acquired the easement being considered. Mr. Bray said he was not sure how that particular easement was acquired, but many times it occurs through dedication in connection with platting, and sometimes easements are purchased. Dr. McNichols questioned why the city would still need to charge for an easement if it has nothing invested in a particular easement. Mr. Bray said the charge is to recover value. Council Member Heldenfels said that this easement in the Bent Tree subdivision does not have any value, and a brief discussion ensued. Council Member Martin said this was not the city's practice several years ago, and he said the Council should revisit the issue. Mr. Murray Bass, of Bass & Welsh Engineering, who submitted the application on behalf of the property owner, said staff explained that the city must charge for dedication of the easement, and the owner was willing to dedicate another useless easement to reduce the cost. Mr. Morgan Spear showed the Council an illustration of the proposed project. He said the owners want to proceed with the project, even if it meant paying the easement fee rather than postponing Council action pending further discussion. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 022485 Ordinance closing and abandoning a 9,286 -square foot portion of a 15 -foot wide utility easement located between Lots 1 and 2, Block 7, Bent Tree Subdivision, Unit 2; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report; Mr. Garza said he did not have a report. Mayor Rhodes called for Council concerns and reports. Minutes Regular Council Meeting February 13, 1996 Page 24 Council Member Cooper reported that a booklet prepared by local citizens about neighborhood association implementation will be presented as a model at a national neighborhood association conference in May. She also requested a report on the status of the city's firefighting equipment. Council Member John Longoria asked that a presentation on the city's drought contingency plan be given during the February 27, 1996 Council meeting, and Mr. Garza said he would. Mr. Longoria also asked about the status of the projects honoring Mrs. Selena Quintanilla-Perez. Mr. Garza replied that staff is waiting to see how the fundraising efforts proceed. He added that Mr. Dusty Durrill had said he was prepared to underwrite the Selena Miramar project. Mr. Longoria also commented that he is aware of a business that is in violation of the zoning ordinance but with which the city conducts business. He asked if a policy regarding that issue existed or if the Council should develop a policy. Mr. Garza said a policy could be developed; in addition, staff tried to work with the individual in question so that his business would be in conformity with the zoning. Mr. Longoria said he did not think the city should continue to conduct business with a property owner who is not in compliance with the regulations. He also questioned the status of an ordinance dealing with hand carts, and Mr. Garza said he would discuss it with him. Mr. Longoria also requested a timeline regarding the Gateway Project. Mr. Garza said staff would give a full presentation on the subject on February 27. Mr. Longoria asked about additional financial information regarding the Texas State Aquarium refinancing, which Mr. Garza said he would provide. Mr. Garza noted that two of the requirements that were imposed were that the capital improvement projects being financed be bid according to certain criteria, and that those maintenance funds be spent over the period of about two years. Council Member Heldenfels said he had received many calls from citizens regarding the appointment of Assistant Police Chief Lou Villagomez, and he said it has affected the morale in the Police Department. Mr. Garza said the city has no authority to discipline a police officer if such a charge is brought after the expiration of 180 days from the date of the alleged incident. Mr. Heldenfels asked why Commander Villagomez had been demoted to captain, and Mr. Garza explained that action was taken because he held a managerial rank. City Attorney Bray added that the Police Chiefs discretionary powers regarding managers in the Police Department applies to more than just disciplinary action. Mr. Heldenfels asked about the Downtown Management District's (DMD) participation in the Gateway Project. Mr. Garza replied that they are one of the partners in the project; other participants include the state and federal government (by virtue of the purchase of the land for the federal courthouse), and private entities. He said if the DMD pulled out of the project, he did not think it would adversely affect it. Minutes Regular Council Meeting February 13, 1996 Page 25 Mrs. Cooper said the Texas Young Lawyers Association would be sponsoring a conference on youth violence on March 2, 1996, and it will be dedicated to Mr. James Ramon, who was recently the victim of a drive-by shooting. She encouraged citizens to attend and voice their concerns. Council Member Betty Jean Longoria said that, in response to an accident involving an in- line skater, she had requested more information about the problem. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Gregory Clark, 5901 Weber, said he was disappointed that the city's baseball team, the Barracudas, had opted to move to another city. He offered his assistance to try to bring another baseball team to Corpus Christi. Council Member Martin said there will be opportunities in the future for the public to get involved, particularly with regard to the future development of baseball stadiums and youth sports facilities. Ms. Donna Startz, 1218 Rose Dr., said that although she lived in Alice, she was also an avid baseball fan, specifically a Barracudas fan, and she was saddened to see the Barracudas leave. She said she would like to participate in bringing another team here. A citizen asked which company was awarded the contract for the construction of the new Northwest Senior Citizen Center in West Guth Park. Mrs. Longoria replied that it was Construction/Project Management Inc. Referring to a comment made by Mrs. Startz, Mr. Longoria asked if the Barracuda management had approached the Council for financial assistance; Mayor Rhodes said they had not. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:40 p.m. on February 13, 1996. *************