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HomeMy WebLinkAboutMinutes City Council - 06/25/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 25, 1985 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Joe McComb, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. A motion was made by Council Member Leo Guerrero that the Minutes of the Regular Council Meeting of June 18, 1985 be approved; seconded by Council Member Mendez; and passed unanimously. * Mayor Jones announced the presentation which had been requested by Council Member David Berlanga, Sr. of an Honorary Citizen Certificate for Mr. Juan J. Gussoni, a resident of the City of Corpus Christi, who is now returning to Spain. Council Member Berlanga then presented Mr. Gussoni with a key to the City. Mr. Gussoni responded with appropriate remarks. * * * * * * * * * MICROFILMED Minutes Regular Council Meeting June 25, 1985 Page 2 Mayor Jones announced the bid opening on the following engineering project: Saratoga/Weber Public Safety Building: This project provides for the construction of a 4,200 square foot public safety facility on Weber Road, approximately one half mile south of Saratoga Boulevard, as authorized in the 1982 Bond Program. Mr. Gerald Smith, City following companies: Bracco Construction Company; Coleman Construction, Casey S Glass; Lambert, General Contractor. Engineer, read bids on the project from the Construction Company, Inc.; E. J. Netek and Roth Construction, Inc.; Black Brothers Hunt Construction Company, Inc.; and Chester Mr. Smith verified that the bidders had all submitted the required bid security bond and had acknowledged receipt of both Addenda. Mayor Jones expressed appreciation to the companies that had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. Mayor Jones called for consideration of the resolution appointing Mr. James H. Peters to the position of Wastewater Superintendent. City Secretary Chapa polled the Council for their vote and the following resolution was passed: RESOLUTION NO. 18892: CONFIRMING THE APPOINTMENT BY THE ARTICLE III, SECTION 3, OF JAMES H. The Charter Rule was suspended and Jones, Best, Berlanga, Guerrero, voting, "Aye". Mayor Jones called for following items: CITY MANAGER, PURSUANT TO THE CITY CHARTER, PETERS; AND DECLARING AN EMERGENCY. the ordinance passed by the following vote: McComb, Mendez, Pruet, Slavik and Strong consideration of the Consent Motions on the 1. Approving a twelve month supply agreement for forms for Data Processing Department, with additional twelve months at the same terms and approval of the City Manager, or his designee, basis of low bid for an estimated expenditure of data processing cards and option to extend for an conditions, subject to the to Data Documents on the $62,518.39. nutes egular Council Meeting June 25, 1985 Page 3 2. Approval of specifications and 1985, for a twelve month supply additional twelve months subject Manager, or his designee, for backfill, to be used by the Gas gas lines to prevent corrosion. authorization to receive bids on July 17, agreement, with an option to extend for an to the approval of the seller and the City high potential magnesium anodes with #6 Division for cathodic protection on steel Estimated expenditure is $47,000. 3. Approval of specifications and authorization to receive proposals July 26, 1985, for an automated meter reading system for Public Utilities. This item is included in the Water System Construction Bond Fund for an estimated expenditure of $261,000. 4. Approval of specifications and authorization to receive bids July 17, for two motor operated valve actuators for the Water Division. These are included in the 1984-85 Capital Outlay at an estimated expenditure of $14,000. 1985, items total 5. Approving the purchase of fifteen four wheel electric powered golf carts, less a trade-in allowance for three inoperable and seven operable units from Watson Distributing Company, based on best bid for a total of $29,775. Seven bid invitations were issued and four bids were received for use at the Gabe Lozano Golf Center. 6. The following actions be taken relative to the Chaparral Apron and Northwest Hangar Site Improvement project at Corpus Christi International Airport: a. The contractor be granted a 21 day time extension for extra work authorized by Change Orders 11 and #2 and not be charged liquidated damages for the remaining 42 days of a 63 day time overrun in exchange for the contractor not pursuing the claim against the City for delays which occurred on lime stabilized base reworking operations. b. The project be accepted and final payment in the amount of $147,315.50 be authorized to South Texas Construction Company. This 1982 Airport Bond project provided for the expansion of the Chaparral Apron, the extension of Taxiway 'P', the construction of a service road, and utility installations for future hangar lease sites. The total cost of this work is $893,004.01, all of which, except the water and sewer line installations, is funded by a 90% FAA grant and the remaining by local funds. 7. A public hearing be scheduled for July 16, 1985, on the closure request of a 15 foot wide alley in Block 2 of the M. T. Gaffney Addition. The alley location between Buford and Craig Streets is the location of the former Edward Furman Public School. The closure request is made by the Corpus Christi Independent School District, who is in the process of selling the property. Minutes Regular Council Meeting June 25, 1985 Page 4 8. Plans and specifications be approved and bids be received on July 17, 1985, for the rehabilitation of a portion of the railroad spur to the 0. N. Stevens Water Filtration Plant. This work will include replacement of bad, worn out ties and rails, additional ballast plank vehicular crossings, and the lining, leveling, gauging and tamping of the ballast from the Missouri Pacific Railroad main line, where City maintenance obligations begin, to the plant entrance road. Funds for this rehabilitation work are available in the Water Department Operating Budget. 9. Plans and specifications be approved and bids be received on July 23, 1985, for Parker Park Improvements. This 8th and 10th Year Community development Block Grant project provides for the construction of an approximate 3,800 square foot recreation building. In addition, a concession facility designed to serve all park users will be added to the swimming pool area. Mayor Jones referred to Item No. 3 and asked for an explanation of the automated meter reading system for Public Utilities. City Manager Martin stated that this is not the true "state of the art" method of meter reading but it will be a great improvement over the present method. Mr. Richard Kissling, Utilities Office Manager, explained the procedure and demonstrated the device that will automatically read the meter and relay it to the main frame of the City's computer. He explained that the device will also relay appropriate messages. Council Member Slavik referred to the memorandum pertaining to Item 9, noting that it had indicated that the Flour Bluff groups were in agreement with the plans and inquired if they had actually reviewed the plans for improvements at Parker Park. Assistant City Manager Tom Utter assured her that all the plans have been reviewed, and Council Member Strong stated that the people she had talked with in Flour Bluff view this as a welcome addition to the park. Mayor Jones called for comments from the audience. There were none. A motion was made by Council Member Guerrero that the Consent Motions, Items 1 through 9 be approved; seconded by Mayor Pro Tem Jack Best; and passed unanimously. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on Items 10 through 17. lutes _gular Council Meeting .June 25, 1985 Page 5 Council Member McComb referred to Ordinance No. 12 which amends the allocation to the Permanent Art Trust Fund to allow for the appropriation of $7,500 for the contract with the Texas Jazz Festival Society. He inquired if the repayment of these funds has been taken into account in the new budget, and City Manager Martin explained that there is no reason to because if the Jazz Festival Society repays the City, the funds will go directly into the budget. Council Member McComb noted that this was to be paid back prior to approval of next year's funding and he wanted to be sure that the ordinance reflected this. Discussion followed in regard to what had occurred during the previous Council Meeting pertaining to the agreement to fund the Texas Jazz Festival and it was determined that no set fee had been established for the Society to charge and the only stipulation was that it must be paid back before any additional funding would be considered next year. A motion was made by Council Member McComb that Item No. 13, which calls for the first reading of an amendment to the ordinance on Boards and Commissions to prohibit an advisory member from serving as Chairman of a Commission or Committee to which they have been appointed. The motion was seconded by Mayor Pro Tem Best. Mayor Jones pointed out that the ordinance when passed would not be retroactive and he did not feel that it should be withdrawn. Speaking in favor of passing the ordinance were Council Members Berlanga, Slavik and Guerrero. City Secretary Chapa called for the vote on the motion to withdraw Item 13 and it passed as follows: Best, McComb, Mendez, Pruet and Strong voting, "Aye"; Jones, Berlanga, Guerrero and Slavik voting, "No". Council Member Mendez referred again to Ordinance No. 12 and inquired if the ordinance on the Jazz Festival included the use of the Coliseum for the Festival at no charge. Discussion followed in regard to this, and City Manager Martin explained that to some extent, the use of the Coliseum represents out—of—pocket expenses and he would prefer that the Art Grants include those expenses. Council Member Mendez noted that this was discussed during the previous meeting and he then made a motion that the ordinance pertaining to the funding for the Jazz Festival include the statement that they will be allowed to use Memorial Coliseum free of charge for this year only. The motion was seconded by Council Member Guerrero and passed unanimously. Minutes Regular Council Meeting June 25, 1985 Page 6 Council Member Slavik referred to Ordinance No. 14 which is the first reading of the ordinance amending the Electrical Code and stated that it was her understanding that an explanation was to be provided by Mr. Ted Stephens, Chairman of the Electrical Advisory Board, prior to consideration of this ordinance. City Manager Martin explained that Mr. Stephens was not present but suggested that the Council go ahead and pass this on first reading and Mr. Stephens will be allowed to make a presentation next week before the ordinance is finally passed. Mr. Ken Helbling, 5910 Killarney, Member of the Electrical Advisory Board, stated that he would like to address the Council on behalf of Mr. Stephens. He explained that the purpose of the additional limitation on spacing of outlets in commercial buildings was thoroughly studied by the Committee, contractors, etc. and because of the illegal use of extension cords in the City, the subcommittee recommended that the spacing between outlets be reduced to twelve feet. He explained that since that time, they have conducted another meeting at which time they discussed this with a number of engineers and builders who pointed out that the reduced space between electrical outlets would increase costs tremendously and the Board concluded that improved inspection and enforcement of the Electrical Code would be a better insurance against violations and the use of faulty extension cords. He expressed the opinion that additional Inspection Staff should be employed to go through the existing businesses and check for violations rather than addressing new buildings. He summarized by stating that the Electrical Advisory Board would like to change the recommendation to agree to adopt the National Electrical Code as a guideline for electrical use in this City. There were no further comments from the audience. City Secretary Chapa polled the Council for their votes and the following ordinances were passed: 10. ORDINANCE NO. 18893: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 6 FOR THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II, PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, JOE WENDT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 11. ORDINANCE NO. 18894: AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S SHARE OF EQUIPMENT AND MATERIAL COSTS NECESSARY FOR THE INSTALLATION OF SIGNALIZATION IMPROVEMENTS AT FIVE INTERSECTIONS CITY-WIDE; APPROPRIATING $23,090.50; AND DECLARING AN EMERGENCY. notes 4gular Council Meeting June 25, 1985 Page 7 The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 12. ORDINANCE NO. 18895: AMENDING MOTION M84-1125 BY REDUCING THE $25,000 ALLOCATED TO PERMANENT ART TRUST FUND TO $17,500 AND APPROPRIATING RESULTING $7,500 FOR CONTRACT TO THE TEXAS JAZZ FESTIVAL SOCIETY FOR THE TEXAS JAZZ FESTIVAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 14. FIRST READING: ADOPTING THE NATIONAL ELECTRICAL CODE, 1984 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULATIONS; PROVIDING PENALTIES FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NOS. 16823, 17196, AND 17638; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE FROM AND AFTER AUGUST 1, 1985. The ordinance was read for the first time and passed to its second reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 15. SECOND READING: CLOSING AND ABANDONING THE 15 FOOT WIDE PUBLIC ALLEY IN BLOCK XI, OCEAN VIEW ADDITION, SUBJECT TO THE PROVISIONS BELOW; PROVIDING FOR SEVERANCE. The ordinance was read for the second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 16. SECOND READING: AMENDING CHAPTER 35, OIL AND GAS WELLS, SECTION 35-60, DRILLING BLOCKS, BY AMENDING THE CONFIGURATION OF DRILLING BLOCK MAP EXHIBIT "A", DRILLING BLOCK NUMBERS 1488, 1491, 1500, AND 1501; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Minutes Regular Council Meeting June 25, 1985 Page 8 17. THIRD READING — ORDINANCE NO. 18896: AMENDING CHAPTER 6, ANIMAL CONTROL, OF THE CITY CODE BY ESTABLISHING THE REQUIREMENT TO OBTAIN A HORSE STABLE PERMIT AND DEFINING THE RESPONSIBILITIES OF OWNERS AND OPERATORS OF HORSE STABLES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * Mayor Jones called for consideration of Ordinances from the Regular Agenda on Items 18 and 19. City Manager Martin referred to the resolution listed as No. 18 opposing the proposals of the U. S. Department of the Interior to classify portions of Mustang Island and Padre Island as undeveloped. He explained that if the Council agreed he would like to have this resolution approved even though a similar resolution was passed the preceding year. He explained that this year, they have included Bakers Port and other areas of potential development such as the new Hershey Hotel. He stated that some of the land included in the undeveloped category is ready for development and the City needs to take a strong position to make sure that the maps are not changed to include the parks, the new Hershey Hotel, etc. as not being developed. He stated that a hearing is scheduled for Thursday, June 27th in the Council Chamber and he plans to have Staff present a strong statement and a copy of this resolution during that public hearing. He explained that the Chamber of Commerce is also involved in opposing this measure. Speaking in regard to this ordinance was Mr. Richard Valls, representing the Chamber of Commerce, who encouraged the Council to vote on the resolution to inform the Department of the Interior of their viewpoint. Council Member McComb referred to Ordinance No. 19 which authorizes a contract for the Oso Trunk Sewer Main Sliplining Phase I Project and urged that this be repaired as soon as possible. To Mr. McCombs question, Mr. Gerald Smith informed him that the contract allows 200 working days, or approximately ten months, for completion. He stated that they will start the first two weeks in August, and City Manager Martin interjected that this company has performed a number of successful sliplining projects in Houston. There were no comments from the audience on Ordinances 18 and 19; City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: nut es .egular Council Meeting June 25, 1985 Page 9 18. RESOLUTION NO. 18897: URGING THE U. S. DEPARTMENT OF THE INTERIOR TO CORRECT THE PROPOSED BOUNDARIES OF UNDEVELOPED COASTAL BARRIERS SO AS TO EXCLUDE MUSTANG ISLAND AND THE PORTION OF PADRE ISLAND IN NUECES COUNTY AND ASSOCIATED AQUATIC HABITATS, AND TO REJECT THE CONSERVATION ALTERNATIVE ADVOCATING THE PROHIBITION OF FEDERAL ASSISTANCE AND REPAIR OF PROPERTY DAMAGE IN DEVELOPED AREAS DAMAGED BY STORMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 19. ORDINANCE NO. 18898: AUTHORIZING THE EXECUTION OF A CONTRACT WITH CHANNEL CONSTRUCTION COMPANY FOR THE SLIPLINING OF THE OSO TRUNK SEWER MAIN; APPROPRIATING $1,815,445.23 AND REAPPROPRIATING $147,273; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones commented that Ordinance No. 20 which is the first reading extending the prohibition against swimming, surfing, etc. in an area 300 feet from Bob Hall Pier would be considered next but he was aware that there were a number of people who wanted to comment on this. Mayor Jones then asked the City Manager to provide a brief explanation. City Manager Martin explained that the issue before the Council is the question of amending the current ordinance which restricts swimming, surfing, operation of boats, etc. in an area 100 feet from Bob Hall Pier to increase that limitation to 300 feet from the pier. He explained that the County approached the City several years ago requesting that they pass an ordinance establishing a 300 -foot limitation for those activities, and after several meetings and much discussion, the Council adopted the ordinance to set the limitation at 100 feet. He stated that the County Constables have the power to enforce this ordinance. Mr. Martin continued by stating that two weeks ago, Council Member Berlanga asked that this be placed on the agenda as a discussion item and the consensus was that the ordinance should be amended to extend the limitation of surfing activities to 300 feet from the pier. Mayor Jones noted that there was a large contingent of people in the audience who wished to speak in regard to this. He asked for a show of hands of the number who were in favor of amending the ordinance and nine people indicated that they were. He then asked for a show of hands of those in opposition and approximately 35 to 40 people responded. Minutes Regular Council Meeting June 25, 1985 Page 10 Mayor Jones then established a limitation of two minutes for each speaker. A motion was made by Council Member Guerrero that the Council recess the meeting for ten minutes, seconded by Council Member Strong and passed unanimously at 3:15 p.m. * * * * * * * * Mayor Jones reconvened the meeting at 3:26 p.m. and explained the procedure to be followed. Mr. Hal Wasson was the first speaker who stated that he was in favor of increasing the limitation to 300 feet which would make it the same as the Caldwell Pier in Port Aransas. He stated that it is his understanding from the surfers that the Luby Pier which was constructed especially for surfing activities, is not yet ready for good surfing, but he stated that he felt that the 100 -foot limitation is not sufficient to assure the safety of the surfers. Mr. Joe Koontz stated that he is in favor of retaining the 100 -foot limitation at the Bob Hall Pier. He stated that there is ample room for the surfers and there is also room for the fishermen. He stated that the surfing is just not good beyond the 100 -foot point. He also explained that the surfing pier that was constructed by the County was not adequate to provide really good surfing conditions because the piling size does not allow for enough silt or sand deposits. He stated that it serves a good purpose because it is used by young children who are just learning to serve. He expressed the opinion that the surfers have as many rights as the fishermen and the best surfing is at Bob Hall Pier. Mayor Pro Tem Best stated that his number one concern is what is in the best interest of the public. He reminded the Council that the City has recently been sued for a large amount because of an injury that occurred at Lake Corpus Christi and it is possible that a fish hook could injure a surfer. He expressed the opinion that if the limitation is increased to 300 feet, it would lessen the possibility of a law -suit against the City by an injured party. Mr. Koontz suggested that signs be erected to the effect that people will surf at their own risk. He also pointed out to Dr. Best that there are many other recreational activities that could result in law -suits against the City. Mr. Doyle Fitzhugh spoke in favor of increasing the limitation because Bob Hall Pier was constructed as a fishing pier; the surfers go right under the pier; and a lot of fishing tackle has been cut or lost because of this. He stated that he frequently casts beyond the 100 -foot mark and he has gotten a hook in a surfer at one time. 'nut es gular Council Meeting June 25, 1985 Page 11 Council Member Strong referred to the statement Mr. Fitzhugh had made to the effect that surfers surf under the pier. She stated that the problem as she understands it is that for some reason, the City does not have the ability to enforce the Code that we now have and she saw no reason to change the ordinance when it could not be enforced anyway. She expressed the opinion that if the surfers are actually surfing under the pier, this practice should be stopped. City Manager Martin explained that the beach area is in the City limits but the County agreed to enforce the ordinance. Mr. Floyd, Johanna Street, referred to the concern about law -suits. He expressed the opinion that there are fishermen on the pier who are in as much or more danger than the surfers from hooks being cast and other objects laying on the pier. He pointed out that the surfers have never asked the fishermen to give up anything at all yet they are constantly being asked to refrain from surfing at Bob Hall Pier. He pointed out that the area where the surfing is good varies from day to day and the area where the surfing is good is not ever the area where the fishing is good. He pointed out that there is selective enforcement against the surfers because tourists frequently wade or swim around the pilings of the pier and they have never been issued citations. He urged that the limitation be allowed to remain at 100 feet. Discussion followed among the Council Members about the number of feet from the end of the pier and where the markers are located and how they are secured. Mr. Floyd agreed that there are several unconcerned surfers who break the law as well as unconcerned fishermen who try to hook the surfers and both of them should be issued citations for such actions. Speaking in favor of increasing the limitation was Mr. Jeff Brumel who stated that the surfers could be injured by the casting of fishermen because they often cast as far as 200 feet. Mr. John Trice stated that he lives on Padre Island and he agreed that the enforcement is not very good and also admitted that some of the surfers go into the pier closer than 100 feet, but it is not fair to penalize all of the surfers because of what a few surfers do. He stated that he felt that the 100 feet is a good compromise. Mr. Trice explained also that the Luby Pier is good but it would be too crowded if all of the surfers were put in that one area. He explained that the Bob Hall Pier provides excellent surfing and good surfers prefer to surf there. Speaking in favor of increasing the limitation was Mr. Roger Ponder. He pointed out that the pier was funded with federal money and it was constructed for fishing and there was no indication that it was built to accommodate surfers. He stated that he understood that the Luby Pier is not good for surfing yet and he would be glad to do whatever he could to help improve it for the surfers. He stated that he is in favor of the 300 -foot limitation. Minutes Regular Council Meeting June 25, 1985 Page 12 Mr. Joe Adams, President of the Texas Surfing Association, questioned why fishing and surfing could not co -exist. He referred to a pier in Houston where surfing and fishing both occur, and there were never any problems. He mentioned other piers where there were no restrictions also. He expressed the opinion that the number of complaints and confrontations have actually declined over the past two years and he recommended the retention of 100 feet. He stated that he was very upset that the Council allowed a representative of Nueces County Law Enforcement to present one side of the story during the Workshop Meeting last week but none of the surfers were allowed to speak. Mayor Jones pointed out that this is a three -reading ordinance and if it passes on first reading today, he will have two more weeks to present additional information. Mr. Elliff, who has been Manager of Nueces Park for twelve years, stated that he has observed several conflicts between surfers and fishermen, possibly as many as fifty incidents. He stated that Nueces County is also concerned about the liability. Council Member Slavik stated that she understands that there are a number of tourists using Bob Hall Pier and that she had talked with them and they had objected to the surfers using the same area as the fishermen. She expressed the opinion that there is a need to promote tourism and if they cannot fish from Bob Hall Pier, they might be discouraged from coming to this City. Council Member Slavik asked Mr. Elliff for suggestions on how the City can help in the law enforcement, and Mr. Elliff informed her that the Legal Staff of the City of Corpus Christi had informed Nueces County that they were not allowed to enforce the ordinance. City Manager Martin took exception to that and assured the Council that Constables and Peace Officers can certainly enforce the ordinance. He stated that he will check into this. Other speakers in favor of retaining the 100 -foot limitation were Mr. Tim Akers and Mr. Mark Delaney, both of whom urged that the 100 feet limitation be retained. They expressed the opinion that actually the tourists enjoy watching the surfers. Council Member Strong noted that the same surfers continuously create problems and suggested to the surfers who were in the audience that they do everything possible to discourage illegal activities in connection with Bob Hall Pier. Council Member Guerrero stated that he felt that all of the Council Members are of the opinion that the enforcement is the important thing to consider. He made a motion that this be tabled for one week until the City can come up with a method of enforcing the law. The motion was seconded by Mayor Pro Tem Best. "nutes pular Council Meeting June 25, 1985 Page 13 The motion to table the first reading of the ordinance failed to pass by the following vote: Best, Berlanga, Guerrero and Mendez voting, "Aye"; Jones, McComb, Pruet, Slavik and Strong voting, "No". Further comments were made by the Council Members in regard to how they plan to vote. Several of the Council Members urged the Staff to meet with County Officials to establish some method of enforcement of the ordinance. City Secretary Chapa polled the Council for their vote on the first reading of the ordinance and it failed to pass by the following vote: Best, Berlanga, Guerrero, and Slavik voting, "Aye"; Jones, McComb, Mendez, Pruet and Strong voting, "No". Mayor Jones announced that the ordinance failed to pass on its first reading. * Mayor Jones announced the public hearings on two zoning cases. 21. Application No. 6851, Mr. Xavier Gonzalez: For a change of zoning from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on Lot 7, Block 3, Oak Lawn, located between Oak Park Avenue and Buddy Lawrence Drive, approximately 200' south of the intersection of Oak Park Avenue and Buddy Lawrence Drive. Assistant City Manager Tom Utter stated that in response to the 18 notices of the public hearing, one' was returned in favor and none were returned in opposition. He stated that the Planning Commission recommends that it be approved, but the Planning Staff recommends denial. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mr. Wenger pointed out that a portion of the property has a structure located on it; the property is located in the Port area; another portion of the property has a structure located on it that was placed there without the proper permits; and he stated that the land immediately to the north of the subject property is outside the city limits. Mr. Wenger explained that the applicant is requesting "R -1C" in order to replat his property into two lots, which would then bring the property into compliance. He noted that the applicant has sold one portion of the property, and the property does have two separate deeds. Mayor Jones called on the applicant to speak and there was no response. Minutes Regular Council Meeting June 25, 1985 Page 14 Discussion followed on the sale of the property, and it was noted that the deed contained illegal metes and bounds description at the time of the sale. Mr. Utter pointed out that if "R -1C" was granted, the property facing Buddy Lawrence would still have two structures, which would be illegal. There were no comments from the audience on this zoning application; Mayor Pro Tem Best moved that the hearing be closed; the motion was seconded by Council Member Strong; and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance and it failed to pass as follows: 21. ORDINANCE - FAILED TO PASS AMENDING THE ZONING ORDINANCE UPON APPLICATION OF XAVIER GONZALEZ BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 7, BLOCK 3, OAR LAWN, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance failed to pass by the following vote: Jones, Best, Guerrero, McComb, Mendez, and Slavik voting "No"; Pruet and Strong voting "Aye"; Berlanga absent at the time the vote was taken. 22. Application No. 685-3, Mr from "R -1B" One -family District on Lot 4, Block side of Vicksburg Street, Mr. Utter in favor, and Commission and * . Robert F. Bernsen, Jr. Dwelling District to 3, Jackson Woods Unit approximately 225' west . For a change of zoning "R-2" Multiple Dwelling II, located on the south of Stonewall Boulevard. stated that in response to the 24 notices mailed, 8 were returned none were returned in opposition. He stated that the Planning Planning Staff recommend denial. Mr. Wenger displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mr. Wenger noted that the applicant wants to construct a second unit for occupancy by elderly relatives, and in order to have the second unit, "R-2" zoning is necessary. Mr. Wenger explained that an attached unit would be acceptable under "R -1B" zoning as long as it did not contain separate kitchen facilities. Mayor Jones called on the applicant. lutea gular Council Meeting June 25, 1985 Page 15 Mr. Bob Bernsen, 3113 Vicksburg, explained the sequence of events that has brought him before the Council. Be noted that during the electrical inspection of the new unit, the inspector tagged the unit because it was going to have kitchen facilities; he consulted the Building Division at which time he was told he could have a sink in the unit, but he could not have a range or refrigerator or rent the property; he signed an affidavit to this effect; and on final inspection the unit was red tagged again. At this point, he was advised by the Building Division to apply for rezoning. Mr. Bernsen stated that he had talked to 23 of the 24 property owners in the neighborhood, and he did have signed statements to the effect that they do not object to the addition of the second unit. Mr. Bernsen stated that due to a misunderstanding on his part, he was not in attendance at the Planning Commission meeting. Mr. Utter asked that the Council table this zoning case in order that he could meet with Mr. Bernsen, and the staff would have a report for the Council on this matter next week. A motion was made by Mayor Pro Tem Best that Zoning Application No. 685-3 be tabled; seconded by Council Member Strong; and passed unanimously. Mayor Jones stated that he was confident a solution could be reached between Mr. Bernsen and staff. * * * * * * * * City Manager Martin stated that the agenda for the workshop meeting next week has very few items and inquired if the Council would like to cancel that meeting. Discussion followed and a motion was made by Council Member McComb that the workshop meeting for July 2, 1985 be cancelled; seconded by Council Member Strong; and passed by the following vote: Jones, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Best and Guerrero voting "no"; Slavik absent at the time the vote was taken. Mayor Jones called for petitions from the audience and there were none. There being no further business to come before the Council, on motion by Mayor Pro Tem Best; seconded by Council Member McComb and passed unanimously; the meeting was adjourned at 5:25 p.m., June 25, 1985. DZ/rr