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HomeMy WebLinkAboutMinutes City Council - 04/20/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 20, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert Hawkins, Jr. * Dr. Charles W. Kennedy Cliff Zarsky City Manager Edward Martin City Attorney Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Jack Dumphy in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones noted that the Minutes of the Regular and Special Meetings of April 13, 1983 had just been received by the Council. A motion was made by Mayor Pro Tem Turner that approval of these minutes be delayed for one week, seconded by Council Member Hawkins and passed unanimously. Mayor Jones announced the issuance of the following proclamations: "SPECIAL OLYMPICS MONTH" - April, 1983 and "COIN WEEK IN CORPUS CHRISTI" - April 15-21, 1983. Mayor Jones commented on the "Special Olympics Month" and stated that the City was well represented by Mayor Pro Tem Turner who performed an excellent job. MICRQEJLMED SEP 191984 Minutes Regular Council Meeting April 20, 1983 Rog(' 2 Mayor Jones then presented a retirement plaque to the following employee: p(tiye?: Department: Position Years of Service: Floyd F. Graham Police Police Lieutenant 33 ******** Mayor Jones announced the bid opening on the following engineering project: Meadow Park Recreation Center expansion and renovation. Funds are available in the eighth year Community Development Block Grant. Mr. Jerry Smith, Director of Engineering, opened bids on this project from the following companies: Black Brothers Construction, Inc.; B. E. Beecroft Company Bracco Construction Company; Casey & Glass Company; Garcia Construction; Hayley Corporation; L&E Construction Company; L&L Construction Company; La -Man Construction Company; Salazar Construction Company; Hereon, Incorporated; and J. Four Construction Company. Mr. Snaith verified that either a bid security bond or check had been submitted with each bid. Mayor Jones expressed appreciation to the contractors for doing business with the City and submitting bids on this project. He stated that they would be tabled tor r18 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. ********** Mayor Jones then recognized State Representative Bill Harrison. Representative Harrison stated that he had departed Austin in order to attend ttu_ Council Meeting to discuss a piece of legislation that has generated some interest in the state, and possibly, some misinformation has been distributed which he would like to clarify. He stated that the legislation he had introduced was H.B. 2339 which proposes state regulation of cable television. He explained the origin of his bill noting that he had discussed this with City Manager Ed Martin. Mr. Harrison continued by stating that there had been a question as to whether the state should be in a position to regulate cable television and assured the Council that he had no intention of taking power away from cities to enforce their franchises. He stated that the bill he introduced was strictly to assist municipalities with their cablevision associations. He pointed out that 37% of the households in America are connected to cablevision and it is estimated that many more will be connected in the future. He explained that with a such a fast growing industry, it seemed appropriate for the state to study the problem to see if they could be of assistance to the cities in Min Regular Council Meeting April 20, 1983 Page 3 regulating the operating of cable. He stated that the legislation will set forth minimum standards for companies when they approach cities for a franchise but the bill does not intend to usurp control by the cities. Mr. Harrison explained the progress of the bill through the procedures required for introducing a bill through the legislature. He assured the Council also that he will continue to work with and modify the bill so that it will be in the best interest of Corpus Christi and other cities in the state. He expressed appreciation to Mr. Martin and Assistant City Attorney Jay Doegey who had provided assistance for him in preparing the bill. He also questioned the exclusive franchise agreements with cable companies that are in existence all over the state. Mayor Pro Tem Turner commended Representative Harrison for coming to the Council Meeting but questioned the fact that the bill will obviously add another layer of government on another industry. She stated that this City has stringent agreements with Athena Cablevision and because of the strong franchise terms, she did not feel that the bill would be necessary. Representative Harrison agreed that another layer of government is not necessary nor desirable. Council Member Kennedy inquired about the type of bill that could be set up that would provide for a study over a two-year period. Representative Harrison indicated that this bill may not pass this year but he would like to have a public hearing on the subject. Council Member Dumphy noted that if there were some way that the state law were strong enough to uphold the City's position, it would probably strengthen the franchise. He noted that this is a fast growing service and they could be very powerful, particularly on the state level. He expressed appreciation to Mr. Harrison for his appearance at the Council Meeting to explain his bill and agreed that if the bill does not jeopardize the City's control according to their franchise, then he would be supportive of the bill. Mayor Jones stated that he understood that there is proposed federal legislation in regard to cablevision and suggested that Representative Harrison check on their efforts during his study of the matter. ********** Mayor Jones called for Consideration of Action of the Council from the Workshop Session on the following matter: K. ACTION OF THE COUNCIL FROM THE WORKSHOP SESSION: The City assist with funding of up to $19,500 for an Executive Director for a Clean Community System with the City having a representative on the Board of Directors for the program. A motion was made by Council Member Zarsky that the foregoing action be confirmed, seconded by Council Member Kennedy. Minutes Regular Council Meeting April 20, 1983 Page 4 City Manager Martin explained that the Staff will return to the Council with a contract for the remainder of this fiscal year, which will be for funding for the remaining three months of this year. The motion to approve passed unanimously. ********** Mayor Jones then recognized Mrs. Lynn Mahaffey, President of the Junior League. Mrs. Mahaffey addressed the Council and announced that the three renovated homes in the Convention Center District have been placed on the National Register of Historical Homes. She explained the work that the League members had done in obtaining this designation and the amount of money that they had r aised through donations for this purpose. She then introduced other members of the Junior League who had worked very hard to obtain this award. Ma, Agenda. * * * * * * * * * * or Jones called for Consideration of the Motions from the Consent 1. Bids be received May 17, 1983 for twelve months supply agreement for approximately 350 raincoats and 550 stormsuits w/hoods, stenciled with the City Seal, to be used by all Divisions. 2. Bids be received May 17, 1983 for a twelve months supply agreement for Street construction materials including 410,000 gallons of emulsified asphalt; 55,000 gallons of asphalt oil; 12,500 tons of asphalt rock; 22,300 tons of precoated aggregate, 43,000 tons of caliche, 20,000 tons of hot mix asphalt, 1,000 tons of lime and 5,000 tons of limestone. 3. A twel'e months service agreement for automotive air conditioning repairs to Cit; vehicles be awarded to Creveling Motor Co., Corpus Christi, on the basis of low bid of an estimated cost of $20,000. This bid is based on $18.00 per hour labor rate and a 20% discount on parts with an additional discount based on the City's total monthly service requirements. Bids were received from two firms. Price comparison shows a 15% increase over last year's contract. The Maintenance Services Department does not have the mechanics or equipment to perform air conditioning repairs. 4. One replacement 16,500 GVWR cab and chassis, with utility service body and vertical lift platform be purchased from Texas Signal Equipment Co. , Round Rock, Texas, on the basis of only bid of $41,836.00 to be used by Traffic Engineering. This item is included in the 1982-83 Budget. 5. An oscilloscope for Traffic Engineering be purchased from Tektronix, Inc. , San Antonio, for $6,060 based on the only bid received. The oscilloscope is included in ttie 1982-83 Budget and is needed for trouble -shooting electronic problems in traffic signal controllers and equipment. Mi. s Regular Council Meeting April 20, 1983 Page 5 6. A five ton gantry crane with electric hoist and trolley be purchased from Alamo Iron Works, Corpus Christi, for the Maintenance Services Department, for $7,741.00, on the basis of low bid meeting specifications. The low bid of $6,399 by Sheinberg Tool Co., does not meet the frame spread requirements or the hoist lift speed requirements. The second low bid of $6,802.25 by C -D Electric Company is a custom made proto type unit, not a standard production model. Thirteen bid invitations were issued and six bids were received. The hoist is included in the 1982-83 Budget and will be used in the new Heavy Equipment Building under construction to remove engines and transmissions, etc. for repair. 7. Authorizing the City Manager to execute a 42 -month lease/ purchase contract with Texas Governmental and Industrial Finance Inc. for IBM 3375 disk drives. These new disk drives will replace existing IBM 3350 disk drives which have been in use since December 1977. The new disk drives will save the City over $9,000 per year in operating expenses as compared to current expenses. There were no comments from the Council or the audience on these items. A motion was made by Council Member Dumphy that the foregoing items 1 through 7 be approved, seconded by Council Member Hawkins and passed unanimously. ********** Mayor Jones announced Consideration of Consent Ordinances and Ordinances from Previous Meetings on items 8 through 13. Council Member Zarsky referred to Ordinance No. 13 which is the third reading adopting a Water Distribution System Master Plan and inquired about including and updating the distribution of the water system to Padre Island and the area south of the Oso. City Manager Martin explained that at the time the Staff presented this plan for the Council's consideration, the question came up about future planning across the Oso and Mustang Island. He stated that the Staff indicated that they would return to Black & Veatch, which is the firm that prepared the study of the water master plan, and ask them for a study of these additional areas. He stated that Mr. Lontos had contacted the company about this and they are expecting a report on the cost, etc. in the near future. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their vote; and the following ordinances were passed: 8. ORDINANCE NO. 17568: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREET: Washington Coles Area, Phase III Minutes Regular Council Meeting April 20, 1983 Page 6 1. Lake Street, from North Staples Street to Cabra Street and from WAco Street to Cabra Street, 2. Cabra Street, from Lake Street to Chipito Street, 3. Chipito Street, from 1dVaco Street to San Juan Street, and LI. San Luis Street, from Ramirez Street to West Broadway; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 9. ORDINANCE NO. 17571: AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ PAVING a CONSTRUCTION COMPANY FOR THE WASHINGTON-COLES AREA STREET IMPROVEMENTS, PHASE III PROJECT; APPROPRIATING $220,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 10. ORDINANCE NO. 17572: CLOSING AND ABANDONING THE 5 FOOT WIDE WATER LINE EASEMENT IN LOTS 11 AND 12, LEXINGTON INDUSTRIAL CENTER; PROVIDING FOR REPLATTING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 11. SECOND READING: TERMINATING THE LEASE AGREEMENT WITH SUPERIOR HELICOPTERS, INC. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 12. THIRD READING - ORDINANCE NO. 17573: AMENDING ARTICLE VI, SECTIONS 2-160, 2-166, AND 2-167 AND DELETING SECTIONS 2-161 AND 2-162 OF THE CODE OF ORDINANCES BY DELETING ALL REFERENCES TO WELFARE ACTIVITIES. Mir Regular Council Meeting April 20, 1983 Page 7 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 13. THIRD READING - ORDINANCE NO. 17574: APPROVING AND ADOPTING A WATER DISTRIBUTION SYSTEMS MASTER PLAN FOR THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ********** Mayor Jones called for Action by Motion from the Regular Agenda. 14. Site No. 2 be selected as the location for the fire station near Five Points and the related relocation of Hearn Road be approved. The site is located at the southwest corner of Up River Road and Hearn Road after its relocation. A motion was made by Council Member Gulley that item 14 be approved, seconded by Council Member Dumphy and passed unanimously by those present and voting. 15. Bids be received on May 5, 1983 for a full line travel agency service at the Corpus Christi International Airport. City Manager Martin stated that this was discussed some time ago at the time a travel agency had presented a proposal for space at the International Airport to operate a travel agency service. At that time, the Council asked that the Staff investigate whether or not there is a need for such service and the Airport Advisory Board ruled that it was needed and it would be appropriate to offer space at the Airport. He explained that several agencies had indicated an interest in such an endeavor; the Staff has reviewed the matter; there is a small space near the automated teller machine; the airlines have no objection to this; and the Staff now recommends the City go out for bids for a travel agency service. Council Member Zarsky recalled that at the time this was first considered, a request had been made to the Council by an individual travel agency and the Council had indicated that they planned to give him preferential service. He stated that since several agencies had already contacted the Airport Manager also, he did not believe that priority should be given to the one agency that previously requested such space. Council Member Kennedy inquired if in the process of going out for bids, the $500 would be the base figure and inquired about what other types of items would be included in the bids. Minutes Regular Council Meeting April 20, 1983 Page 8 Mr. Jerry Sealy, Director of Aviation, stated that they will have to supply plans for their improvements and the City will approve their service plans. He noted that this will be for a three-year contract. Mayor Jones called for comments from the audience on this item. Mr. Mark Johnstone, 5517 Wooldridge Road, Manager of the local Sanborns operation, agreed with the bid process. He stated that after examining the space that is offered, he felt that it was somewhat inappropriate for a travel agency because it is actually a room that is behind a wall and he felt that a travel agency should be more visible. He suggested that the limousine service counter, which is located in a kiosk be relocated nearer the baggage claim area which would be more convenient and which the limousine service did not object to. He asked the Council to consider relocating the limousine service counter and allow the travel agency to be located in the space presently occupied by that service. He noted that the room planned for the travel agency could be utilized for other purposes. In a related matter, Mayor Pro Tem Turner asked Mr. Sealy about the location of the video machines. She recalled that the Council had discussed the possibility of opening the entire baggage area for the video machines, yet this has not been done. Mr. Sealy pointed out that the old baggage area is now being used as the lounge and the entrance to the baggage claim area will be used for video machines. He stated that there is not really space enough to move the limousine service to the location suggested by Mr. Johnstone. City Manager Martin concurred that the Staff is really limited to the entrance area to the lounge for the video games. He also agreed that the City has the Braniff space available but he would like to hold that space for another airline. He stated that he would also be very reluctant to recommend that a travel agency be located in the kiosk island in the airport. After further discussion of airport space, a motion was made by Council Member Kennedy that item 15 be approved, seconded by Council Member Gulley and passed unanimously. Mayor Jones suggested that if this operation is successful, the City might consider several travel agencies at the airport, and City Manager Martin concurred because of the service and revenue that would be involved. 16. Consideration of pending state legislation. Mayor Jones stated that this subject was discussed during the morning Workshop session. 17. Second Reading - Approving the Courthouse site as the location for the new City Hall. (First Reading - 4/13/83) Mit , Regular Council Meeting April 20, 1983 Page 9 A motion was made by Council Member Kennedy that the second reading of the foregoing motion be approved; seconded by Mayor Pro Tem Turner; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, and Kennedy voting, "Aye"; Gulley voting, "no"; Zarsky, abstaining. ********** Mayor Jones called for Actions by Ordinance from the Regular Agenda on items 18 through 20. City Secretary Read provided an explanation of Ordinance 18 which establishes a registration system for persons soliciting funds for charitable purposes. He explained that the Staff has been working to revise this ordinance for about 18 months and he would like to request that it be passed today on one reading in view of the fact that the City is involved in a lawsuit at this time and the existing ordinance governing solicitations would probably ruled unconstitutional. Council Member Kennedy agreed that this is a good ordinance and will be an improvement over the one in effect at this time. He asked about the purpose of the Solicitations Commission after this ordinance is passed. Mr. Read explained that the Commission can rule on the information submitted by the applicant to be sure that everything is in order and if the application is not in line, then the Commission could refuse to allow continuation of the solicitation. Mayor Jones expressed concern that a permit would no longer be required which would give the City less control over solicitations. He commented that enforcement of this ordinance is actually in the hands of the people who are soliciting funds and he questioned whether they will comply with the regulations. He also stated that he felt that the City of Corpus Christi should be aware of the fact that the ordinance has been changed. City Secretary Read stated that enough publicity has been generated in regard to unauthorized solicitations that if one complaint is received by the Better Business Bureau or the City Secretary's Office, then the person making the unauthorized solicitation could be stopped. City Manager Martin agreed that there would be less control but this is the best ordinance that could be devised because the City's existing ordinance would be declared unconstitutional. He expressed the opinion that the registration as required in the new ordinance would offer some kind of control. Council Member Dumphy inquired about the requirement for an IRS exempt status, and Mr. Martin explained that the people conducting the solicitation are supposed to show their tax ID number. City Attorney Aycock explained that the thrust of the ordinance is to obtain as much information from the applicant as possible and the organization will be required to submit a financial statement to the City Secretary's Office. Minutes Regular Council Meeting April 20, 1983 Page 10 Council Member Dumphy suggested that the organizations conducting solicitations be checked and tested to be sure that they are operating properly by disclosing the amount of the contribution that is to be given to charity. Mayor Jones asked for a report at the end of about six months as to how effective this is. Council Member Dumphy expressed the opinion that it would be worth considering when someone does come to the City to register that they be aware that the City does have some kind of literature on people who make a living taking advantage of charitable organizations and this might deter the group from allowing a promoter to use their name to obtain contributions. Mr. Clay Moore expressed the opinion that solicitors should be controlled as much as possible. City Secretary Read polled the Council for their votes and the following ordinance was passed: 18. ORDINANCE NO. 17575: AMENDING SECTIONS 38-20 THROUGH 38-35 OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, ESTABLISHING REGISTRATION REQUIREMENTS FOR PERSONS SOLICITING FUNDS FOR CHARITABLE PURPOSES; PRESCRIBING CERTAI N CRIMINAL PENALTIES; MAKING OTHER PROVISIONS RELATIVE THERETO; REPEALING ALL PRIOR INCONSISTENT PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote was taken. City Manager Martin referred to the first reading of the ordinance prohibiting swimming, surfing and other water oriented activity within 300' of Bob Hall Pier on Padre Island and stated that the ordinance is very simple and the only question that the Staff had was the distance that should be included. He stated that 300' established was based on comments during the Workshop meeting at which time this was discussed. He stated that it will be a City ordinance but the County will enforce it because the City does not have the personnel available in the Police Department to go all the way to Bob Hall Pier to check on fishermen and surfers. Council Member Kennedy stated that this concerns several issues such as potential liability. He noted that three of the Council Members were of the opinion that surfing should be allowed in the vicinity of Bob Hall Pier on a six-month trial basis to see if both uses might be compatible. He stated that everyone who wished to should be allowed to speak but he questioned whether any votes will be changed. Mi Reg..,ar Council Meeting April 20, 1983 Page 11 Mayor Jones stated that he will continue to vote to prohibit surfing at Bob Hall Pier because of the legal liability. Council Member Zarsky expressed the opinion that he did not feel that the City could transfer the liability to the County for the possible damages that might be incurred. Council Member Gulley stated that he voted in opposition to the ordinance because the Park Board recommended that it not be passed until after a six-month trial period. He questioned the statements that the County Commissioner had made to the effect that some structure will be provided in the area for surfers, stating that he did not think that that would ever happen. He noted that if something is placed out in the water to create wave action, there will be more of a liability and he did not think that this would ever occur. He stated that he felt that the trial period of six months should still be tested. Mayor Jones called for comments from the audience. Speaking in opposition to the ordinance was Mr. Frank Floyd who reminded the Council that they had appeared before the Park Board who conducted a study and recommend that surfing be allowed for a six-month period to see if any problems are encountered with the fishermen on the pier. He expressed the opinion that the Council should have followed their own system and complied with the recommendation of the Park Board. He stated that he felt that if a surfer is injured, it would be his own fault, not the City's or the County's because this is obviously a structure that is visible to surfers. He stated that the did not understand why the Council decided to ban surfing at the request of Nueces County because the City is not an extension of the County Government even though he realized that there have to be trade-offs between the City and the County. He stated that he felt that the City had agreed to pass this ordinance because they wanted land on the hill on which to locate the City Hall. He stated that he is speaking on behalf of eight surfing organizations. Council Member Kennedy stated that he had supported the position of the Park Board to have a trial basis of six months which he felt was appropriate. He assured Mr. Floyd that the City will do everything possible to make sure that the County will construct another structure to create wave action. Mr. Floyd stated that they had been promised the same thing by the County twelve years ago but nothing had ever been constructed. Mayor Pro Tem Turner asked for Mr. Floyd's opinion about Commissioner J. P. Luby's proposal to build a structure elsewhere, and Mr. Floyd stated that they had discussed this at length and his personal opinion was that he did not feel it was right to build another expensive structure that would be exclusively for surfers. He also questioned the adequacy of Mr. Luby's proposal to construct 100 wooden pilings that will extend 800' into the Gulf because he did not think that that would create the proper wave action for surfing. Minutes Regular Council Meeting April 20, 1983 Page 12 Mayor Jones noted that the use of Bob Hall Pier would require payment of a fee and he inquired if the surfers would be willing to pay a fee for the privilege of surfing. Mr. Floyd stated that they would be willing to do so either yearly or dcJiy. Council Member Dumphy reported that he had discussed this matter with Mr. Floyd after it was publicized that he had the controlling vote on the issue. He reviewed the annexation by the City into the Gulf to protect it from oil well operations, at which time the County was opposed to the annexation because they did not want to relinquish control of the beach or the pier. He stated that the Council assured the County that they did not want to control the beaches and he assured Mr. Floyd that the surfers had not been betrayed by the City because the County is the sole entity that controls this operation. He pointed out that the City Council and he, in particular, did not vote in favor of fishermen and against the surfers but only to comply with the previous controls that the County had over Bob Hall Pier. Mr. Floyd reiterated that he felt that this City annexed those waters and they have the authority to control the surfing and the beaches. Council Member Dumphy inquired of Mr. Floyd if he would like to have the City Council attempt to persuade Commissioner Luby to go ahead and construct the structures which he plans to for the use of surfers, and Mr. Floyd stated that the surfers would he supportive of such a structure. Also speaking in opposition to the proposed ordinance was Mr. Mark Delaney, 5818 St. Andrews, who pointed out to the Council that fishing and surfing have been occurring at the Fish Pass for several years and there have been no injuries. He explained to the Council that revenue could be produced through sponsored surfing events which would generate a large amount of funds, particularly with visitors to the City. He also suggested that spectators could be charged to go out on the pier to view surfing contests. Fle stated that surfers are most active during the winter months which is not the time that fishermen are usually active. Mr. Delaney suggested that the six-month trial period be conducted to see if fishing and surfing could co -exist. He noted that this is the only City where surfing is prohibited. He then displayed pictures of people surfing in the water and others fishing from the pier with no problems encountered. He pointed out that young people who have to surf at the overcrowded Fish Pass are more likely to be injured there than in the area of Bob Hall Pier. Mrs. V. L. Floyd inquired about the distance lures are thrown by the fishermen, questioning the 300 foot prohibition for surfers. Mr. Larry Billingsley, 3433 Longview, pointed out to the Council that quality surfing areas are very scarce in this vicinity. He requested that this ordinance be tabled temporarily until a workable solution could be devised so that surfing could be allowed during certain hours or certain times of the year. He volunteered his services to help in the design of a surfing structure Mir Regu.dr Council Meeting April 20, 1983 Page 13 because the piling concept proposed by Commissioner Luby would not be workable. He suggested that a jetty according to certain specifications should be designed and constructed to generate wave action that surfers could use. Mayor Jones questioned the cost of such a jetty, and Mr. Billingsley stated that the primary cost would be for the transportation of granite from Central Texas. He suggested that the jetty should be from 800 to 1 ,000' long and estimated that a 1 ,000 foot jetty would cost $1 million. Discussion followed on the proper type of structure that should be constructed. Mr. Michael Manjarris, 451 Southern, stated that the Bob Hall Pier is a good structure for surfing and he, too, requested a six-month trial period for it to be jointly used. A motion was made by Council Member Gulley that the reading of the ordinance be tabled for further study, seconded by Council Member Kennedy. The motion failed to pass by the following vote: Gulley, Hawkins and Kennedy voting, "Aye"; Jones, Turner, Durnphy and Zarsky voting, "No". A motion was made by Council Member Hawkins to change the number of feet from 300' to 100' in which surfing is prohibited. Mr. Utter informed the Council that 250' was the County rule for prohibition, and after study, it had been determined that once you prohibit surfing 100' from the pier there is really no relevance to good surfing conditions. Mr. Hawkins' motion was seconded by Council tvlember Gulley. Mr. Delaney pointed out to the Council that when surfing at the pier, they have discovered that on different days, the waves break at different points. Mr. Martin stated that the Staff selected 300' because that was the recommendation of the expert they had consulted. Mayor Jones pointed out that the Galveston ordinance sets the prohibition at 100'. Council Member Zarsky stated that he still sees more of a liability problem and he felt that the number of feet of the prohibition should be investigated further. The motion passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Zarsky voting, "No". City Secretary Read polled the Council for their votes on the ordinance as amended and it passed on first reading as follows: Minutes Regular Council Meeting April 20, 1983 Page 14 19. FIRST READING: PROVIDING FOR PROHIBITION OF SWIMMING, USE OF SURFBOARDS, BOATS, MOTORBOATS, AND VESSELS ALONG SIDE OF BOB HALL PIER; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley voting, "No". There being no discussion of the following ordinance, City Secretary Read polled the Council for their vote and it passed as follows: 20. FIRST READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION BY ADDING A NEW SECTION 2-39 ESTABLISHING GUIDELINES FOR USE BY THE PUBLIC OF THE COUNCIL CHAMBERS AND ADJOINING COMMITTEE ROOM. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ********** Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Harold Alberts, 618 Dolphin, referred to the plans to locate City Hall on the hill and stated that he was very concerned about the method of financing that is planned because it is going to be expensive for the taxpayers and it has never been tried in Texas. He expressed the opinion that financing the project through IRB's will cost 1% to 2% more in interest if it's financed by general obligation bonds. He urged that a bond election be held for citizens to vote on the City Hall which would save the City several million dollars in interest. He also objected to the fact that a contractor was selected without going through the usual bidding procedure. He warned the Council if they continued with their present plans they are asking for litigation against the City. Mr. Martin pointed out that the City is not constructing a City Hall, but instead will be renting office space and this is a common practice in a number of cities that are renting office facilities. Mayor Jones pointed out that the most expensive thing the City can do is to continue leasing office space all over the City. He pointed out that if the City enters into the contract with the private developer, in thirty years it will belong to the City of Corpus Christi. Rey ,r Council Meeting April 20, 1983 Page 15 Mr. Alberts agreed that a new City Hall was needed but again objected to the method of financing through IRB's. Mr. Allen Carson stated that he owns a building on Airline Road on which the Building Division issued a citation for his installation of a free-standing sign on the property. He requested that the Council change the ordinance as it deals with "AB" zoning to allow free-standing signs of a certain proportion. He explained that it is very dangerous not to have a visible sign because it is difficult for their customers to locate their places of business without having a sign in front of the building. He stated that he had installed a sign that is 12 square feet that is not lighted but is visible to people driving down Airline. He requested that he be allowed to retain the sign until a new ordinance could be prepared to allow for some type of free-standing sign. Mayor Jones stated that he has a conflict of interest in this matter because the petition presented by merchants on Airline included the name of his son-in-law. He then stated that he would not participate in the discussion or vote on this issue. Council Member Kennedy requested that a report be prepared on the possibility of changing the ordinance to this effect. City Manager Martin agreed that the Staff can certainly study the ordinance but if Mr. Carson's sign was erected illegally, his recommendation would be that it should be removed immediately. He stated that he was not sure when consideration had been given to changing the sign regulations in "AB" zoning but suggested that it should be referred to the Planning Commission. He expressed the opinion that there would be no major change pertaining to signs, particularly in "AB" zoning, and even if it were discussed, it would be at least six months before it could even be before the Council. Council Member Gulley pointed out that the Council should not make a habit of amending ordinances every time a citizen is cited for a violation of the law. He noted that this would set a bad precedent to change laws for the convenience of a few. He pointed out that this law has been in effect for some time and it cannot be changed overnight. Council Member Hawkins concurred with Mr. Gulley and stated that the sign was installed when the business was operated under a special permit that definitely did not include approval for a free-standing sign. He stated that he felt that the sign shouid be removed immediately. Council Member Dumphy reminded the Council that a subcommittee of the Planning Commission studied the possibility of establishing a sign ordinance for two years and no decision was ever made by the City Council in office at that time. City Manager Martin reminded the Council that there may be some property located in "AB" zoned areas that may have the look of "B-1" property and the existing sign would not make that much difference. He noted, however, that there are many areas of the City in which "AB" zoning has been approved in Minutes Regular Council Meeting April 20, 1983 Page 16 predominantly residential areas and stated that he would be very reluctant to change an ordinance in regard to signs in "AB" zoning. Also making the same request for the retention of the sign was Mr. Guy Morrow who has an art shop on Airline. He stated that he does have a special permit and had spent a great deal of money to remodel his property for his business but he was forced to install a free-standing sign so that the customers could locate his shop. Mrs. Joyce Beadle stated that she has a business next door to Mr. Morrow's art studio. She stated that she, too, installed a sign at her decorator shop without obtaining a permit because she was not aware that this was illegal. Mr. Ken Combs, 414 Monette Street, stated that he owns a realty business on Airline; that he did request a free-standing sign as a part of the special permit; and he had installed the sign without a permit because he was under the impression that the request would be granted as a part of his zoning case. Mr. Combs also requested that the Council table their citations until after the ordinance pertaining to "AB" zoning had been studied. Council Member Dumphy explained to Mr. Combs that for four years the Council has been granting special permits and discussing the requests for free-standing signs but ordinarily they do not allow the erection of free-standing signs in residential type neighborhoods. He informed him that the Council always explains to the people when they make the request but no matter how the Council tries to accommodate the applicant to establish the types of businesses they want to establish, the people continuously go ahead and install free-standing signs which are illegal. He pointed out that even Mayor Jones has always been opposed to businesses on Airline and has frequently voted against them but reiterated that the Council has never approved free-standing signs in "AB" type of zoning. He expressed the opinion that the people who have spoken should not have installed those signs when they knew that they were illegal. A motion was made by Council Member Kennedy that signs in "AB" zoning be referred for study to the Planning Commission but that any signs that the Council is aware that are in existence should be removed as soon as possible because they are illegal. The motion was seconded by Council Member Dumphy and passed by the following vote: Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Zarsky, absent at the time the vote was taken; Jones, abstaining. Mrs. Mary Williams inquired about the law governing loitering on the streets, stating that she has a problem with people standing in front of her place of business and interfering with customers going in and out. Council Member Gulley stated that loitering on the streets is no longer illegal and if it is prohibited, it would in essence be violating their civil rights. Mi Re, .,r Council Meeting April 20, 1983 Page 17 City Manager Martin explained that if the people are blocking the entrance to her place of business, they can be forced to move but otherwise, there are no laws governing loitering. Mayor Jones further explained that the City cannot send police officers to ask people to move if they are not violating any laws. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Dumphy and passed unanimously, the Regular Council Meeting was adjourned at 5:58 p.m., April 20, 1983. **********