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HomeMy WebLinkAboutMinutes City Council - 04/11/1984Present: Mayor Luther Jones Mayor Pro Tem Betty N. Council Members: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 11, 1984 2:00 P.M. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. 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 The Reverend Ernest Bennett of Mt. Pilgrim Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga, Sr. 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. A motion was made by Council Member Welder Brown that the minutes of the Regular Council Meetings of March 28 and April 4, 1984 be approved as presented; seconded by Council Member David Berlanga; and passed unanimously. * * * * * * * * * * Mayor Jones then presented 30 -year pins to the following employees: NAME DEPARTMENT Lauro Gutierrez Arthur Garcia Engineering Engineering POSITION Engineer's Assistant II Construction Inspector II Mayor Jones administered the Oath to the new appointee to the Business Development Commission, Mrs. Pat Eisenhauer. Kong that City Mayor Jones expressed appreciation to Mrs. Eisenhauer for visiting Hong at her own expense to promote the City of Corpus Christi. He mentioned several citizens donated their time and money for this same purpose and the is greatly indebted to them. MICROFILMED mutes Regular Council Meeting April 11, 1984 Page 2 * * * * * * * * * * * Mayor Jones called for Board and Committee appointments and reviewed those discussed during the morning workshop meeting. A motion was made by Council Member Berlanga that the following appointments be confirmed, seconded by Council Member Brown and passed unanimously. Human Relations Commission Animal Control Advisory Board Mrs. Maria de Ases Mr. Leopoldo Luna term to 6/14/85 term to 5/31/85 Mayor Jones then called for action of the Council from the workshop session on the following items: 1. Approving a motion that the City Council requests the Buccaneer Commission to study the possibilities of rescheduling the Buccaneer Days Parade so as not to conflict with party primary elections and as a part of said study to confer with the Nueces County Democratic and Republican Chairpersons, and furthermore, that the study and recommendations be presented to the City Council by January, 1985. 2. Approving Staff recommendations that initial planning efforts be undertaken between the City of Corpus Christi and Nueces River Authority, the Texas Department of Water Resources, the Bureau of Reclamation, and the City of San Antonio and other appropriate River Authorities or Water Boards regarding the future water needs for this area. 3. Approving the following recommendations proposed to the City Council on April 11, 1984: a. Acquisition of additional space through portable buildings to alleviate some of the space problems in the Police Department and to handle the Warrant Officer transfer, b. Approval of the City Council to transfer the Warrant Officer function to the Police Department to a sworn officer activity, and c. Approval of the Police Public Service Officer Bayfront concept. A motion was made by Council Member Mendez that the foregoing items be confirmed, seconded by Council Member Guerrero and passed unanimously. It was suggested that the item pertaining to the selection of the color for the Bayfront furniture be included for confirmation and the following item was added: 4. Approval of the selection of oyster white as the color for the Bayfront furniture and fixtures. A motion was made by Council Member Mendez that the foregoing action be confirmed, seconded by Council Member Guerrero and passed unanimously. .inutes Regular Council Meeting April 11, 1984 Page 3 * * * * * * * * * * Mayor Jones announced bid openings on the following engineering projects: 1. Hillcrest Park - 9th Year Supplemental Community Development Block Grant Project providing for the construction of a comfort station, a 25 space parking lot and fencing. Mayor Pro Tem Turner inquired if this bid includes unit prices, and Assistant City Manager James K. Lontos explained that it does include 15 unit priced items but if the Council has no objection, he will go along with the usual procedure to just read the totals. He explained that the unit prices and the totals will be tabulated by the Engineering staff. Mr. Lontos then opened bids for the first project from the following firms: A-1 Plumbing, Black Brothers Construction Company, Hunt Construction Company, Ibanez Construction Company, King Construction Company, Mehne Construction Company, and Bracco Construction Company. He verified that the required bid security bond or check had been submitted with every bid. 2. Ben Garza Softball Field Improvements - 9th Year Community Development Block Grant Project providing for replacing the lighting system in the park. Mr. Lontos opened bids on this project from the following firms: Mathieu Electric Company, Inc., C. W. Campbell Electric, Inc., Fairbairn Electric, Inc., and Structural Contractors, Ltd., Arlington, Texas, and verified that all of the bids submitted contained the required bid security bond. 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 recommendations. * * * * * * * * * * Mayor Jones called for consideration of the consent motions on the following items - 1. Bids be received May 1, 1984 for a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for steel line pipe for the gas division. Pipe is used for gas transmission and stored by the City warehouse. Estimated expenditure is $123,600. 2. Bids be received May 8, 1984 for 140 1.f. of corrugated metal pipe for the Street Division. Pipe is used for culverts under streets. Funds are available in the 83/84 Budget. snutes Regular Council Meeting April 11, 1984 Page 4 3. Bids be received May 8, 1984 for a six months supply of copper tubing used by the Water Division and stored by the City Warehouse. Estimated expenditure is $14,500. 4. Approval of twelve months supply agreement with option to extend for an additional twelve months, subject to the approval of the seller and the City Manager, or his designee, for gasoline, to Texas Star Services, Inc., based on low bid. Fourteen bid invitations were issued and five bids were received. Prices have decreased approximately one-half of 1% from last year's bid prices. 5. Approving the purchase of a micro computer for the Planning Department from IBM Corporation based on low bid, for the total amount of $6,808.26. Funds are to be made available through the Metropolitan Planning Organization Grant. Mayor Jones inquired of Mr. Martin if there is not a computer committee which reviews the requests for computers in the various departments. City Manager Ed Martin confirmed this and stated that they discuss every item to examine the need by the various departments, the payment for the equipment, and they prepare a study as to the type of equipment needed. He stated that this particular item would be paid for by the Metropolitan Planning Organization funds. He also noted that the City Planning Department has several employees who have a part of their salary paid through these funds. Council Member Brown referred to the same item and inquired about the cost for maintenance each year on computers throughout the City, and Mr. Martin stated that he did not know. Mrs. Leah Olivarri, Assistant to the City Manager, explained that there is no maintenance charge for micro -computers, but she was unaware of the total charge throughout the City for maintenance. City Manager Martin explained that for the City's main computer system, two full-time employees from the supplier are on duty at all times and noted that that would give the Council some idea of the magnitude of the maintenance. He stated that they will try to obtain a figure for the maintenance for the entire City. Mrs. Olivarri pointed out that it does not make sense not to have maintenance on the computers because otherwise it would be impossible to update the equipment in use. 6. Approving the purchase of computer equipment and related communications equipment to allow for computer assisted dispatch for the Police Department. The total cost of the system is $54,019 with $50,000 in funding from the Revenue Sharing and the remainder of funding from the Police Department budget. .inutes Regular Council Meeting April 11, 1984 Page 5 7. Approving a twelve months supply agreement with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for oxygen, acetylene and nitrogen gas to Acetylene Oxygen Company, based on low bid for an estimated annual expenditure of $6,756.44. Six bid invitations were issued and five bids were received. Gas is used for welding and stored in the City Warehouse. 8. Approving the purchase of seventy high intensity beam, rechargeable flashlights, with chargers and replacement bulbs and lenses for the Police Uniform Division, from Pro -Light Corporation for the total of $6,694.55 based on low bid. Six bid invitations were issued and three bids were received. Prices have remained the same as the last purchase in September, 1983. 9. Approval of purchase of thirteen Five Function Wood & Metal Modular Play Systems from Persenaire Park & Playground Products, based on low bid for the amount of $36,072.01. Funds are available in the 9th Year Community Development Block Grant and the 1983-84 Budget. 10. Authorizing the City Manager or his designee to submit (1) an application to the National Endowment for the Arts for matching funds in the amount of $15,000 for the second year of the City Arts Program initiated in 1983, and (2) a letter of intent to apply to the Texas Commission on the Arts for matching funds in the amount of $5,000 for the Test Program of Support for Local Arts Agencies. The grants would be used to expand the City's support of performing arts and would utilize the Municipal Arts Commission to review and recommend programs to the city Council for future funding. Mayor Jones referred to item 10 and stated that he had served on a committee of the Texas Municipal League to write this program for the City Arts Program and the aim was to make it possible for the small cities to compete for funds equally with the large cities. City Manager Martin explained the procedure by which the hotel -motel tax is used for the Art Fund. He noted that they are planning to accumulate funds each year for the purpose of acquiring permanent art. 11. Accepting the Corpus Christi International Airport Restroom Renovation project and (a) granting a 54 day time extension to supplement the original 45 days authorized for this work due to delays in obtaining materials and extra work and (b) authorizing final payment of $2,148.50 to Mehne Construction, Inc. The total cost of this project is $16,607.00 which provided for renovation of the men's and women's restrooms within the Terminal Building. 12. A seven -gang self propelled reel mower for the Park Division be purchased based on only bid received from Watson Distributing Co., for $27,566. This is a proprietary item therefore, only one bid was received. This equipment is included in the 83/84 budget. (Attachment #8) Mayor Jones referred to item 12 and inquired if the specifications for this equipment are so specialized that only one bidder could respond, or in other words, were the specifications written in such a manner that it was designed for only one bidder. sinutes Regular Council Meeting April 11, 1984 Page 6 City Manager Martin explained that the staff has found historically that it is preferable to have the blade in the front of the mower so that the operator will be able to more easily operate the equipment and avoid any hazards that might be in the path of the mower. He agreed that this is a large expensive item, but the staff feels that this feature is very important for safe operation. Mayor Jones stated that he is somewhat concerned that the competitive feature has been eliminated with this specialized requirement, and City Manager Martin agreed that that does happen sometimes. Mayor Jones asked Mr. F. D. Glenn, Purchasing Agent, to provide the Council with information on the price of other lawn mowers without the special feature. Mayor Pro Tem Turner inquired if the City already has one of these machines in operation; she too questionedthe sole source bid. Mr. Utter stated that the City has at least one with the mowing wheel in front and the staff is of the opinion that it is preferable for better mowing. Mayor Pro Tem Turner referred to item 11 and stated that she was most distressed when she went out to the Airport and found that there was very little money spent for beautification associated with the improvements, and she felt that some money should be spent to make the Airport more attractive, rather than spending so much money on runways, etc. She asked the Council about their opinion of appointing an ad hoc committee to study the beautification of the Airport and having them report to the Airport Advisory Board. She pointed out that the Airport still needs a lot of improvements. Mayor Jones inquired about the Corpus Christi '90 Task Force which might be a vehicle to study such a problem. City Manager Martin stated that he would like for that motion to be delayed for one week because the staff plans to have a complete report on the airport next week, including landscaping and other amenities which will be discussed at that time. He explained that they have tried to select all of those items that the Council has requested to be included in this report, and it does include air conditioning, landscaping, signage, etc., for up to $1 million. Mayor Pro Tem Turner stated that there is still signage at the Airport to the effect that there is a nursery, but it is actually not in operation. Mr. Lantos explained that as of that date, it is supposed to be cleaned and operated as a nursery again on a trial basis. Mayor Pro Tem Turner pointed out that if it is going to be operated as a nursery, other equipment needs to be purchased. 13. Authorizing the City Manager to execute an inter -governmental agreement between the City of Corpus Christi and the City of Port Aransas, Nueces County, Texas, for impoundment and disposition of animals received from the Animal Control Division of the City of Port Aransas. snutes Regular Council Meeting April 11, 1984 Page 7 14. Accepting the Water System Improvement Project at the Holly Road Reservoir and (a) authorizing a 69 -day time extension to supplement the allotted 30 working days for the project due to water line material delivery problems and extra work added by change order and (b) authorizing final payment of $19,722.90 to Delta Utilities. This $165,189 project, which is funded from the Water Bond Fund, is one of the high priority projects approved upon adoption of the Water Master Plan. The intent of the project is to divide the City Distribution System into two (2) tier pressure system in order to improve water pressure in the south part of the City as well as the Central City area. Mayor Jones noted the 69 day time extension mentioned in item 14. He noted that the City has a contracting system which indicates that if the contractor runs into the problem of obtaining supplies, he is granted time extensions. He expressed the opinion that the contractor should be experienced enough to take that into consideration when the bids are prepared and he should be able to complete the contract on time. He asked about how the contract could be administered so there will be no delays. City Manager Martin informed the Council that they can make it mandatory that the contractor pay for any delays, but this will result in higher bids. He stated that there are legitimate problems associated with plants that may be shut down, which makes it impossible to obtain supplies on time, but if the Council wants to guarantee that projects are completed on time, the City will in every case pay for that guarantee whether it is needed or not. He assured the Council that the only reasons extensions are granted are for legitimate reasons. Mayor Jones expressed the opinion that the City is still providing an excuse for inadequate management on the part of the contractor. Council Member McComb pointed out that if one reviews similar types of contracts to see if the time allotment is not adequate for anticipated delays in delivery of materials, perhaps the time should be for a greater length. He stated that in his business he is discovering that items that use to be stored in Corpus Christi are now stored in Houston, San Antonio, or other large cities, because it is not feasible for the contractor to have a large inventory of items that are seldom needed. Mayor Jones inquired about the number of contracts that have time extensions on them which have occurred in the past year, and Mr. Lontos estimated that 5% to 10% of the contracts have legitimate delays. He explained that it normally occurs when materials are required that are not available locally. Mayor Jones expressed the opinion that the City hires the contractor because of his expertise and he felt that a part of that contractor's skill should be to complete the project on time and order supplies in a timely manner. City Manager Martin agreed, but pointed out that the thing to consider is the time the contractor places his order for materials. He pointed out that obviously he cannot order before he is awarded the bid and if he does not order .inutes Regular Council Meeting April 11, 1984 Page 8 supplies immediately, then the time extension is not granted for delay of materials. 15. The Collier Pool Shower Rooms Renovation Project be accepted and final payment of $12,425 be authorized to Gulf Coast Construction Company. This project provided modified and enlarged shower rooms to accommodate the physically handicapped. The total work done on this 9th Year Supplemental Community Development Block Grant Project was $15,800. 16. Approval of contract to remove existing safety net frame and to furnish and install a new frame assembly at the Fire Department Drill Tower, 3750 S. Staples, to Corpus Christi Fire and Safety for the total amount of $10,964.40. Seventeen bid invitations were issued, but only one bid was received. Corpus Fire and Safety is the representative of Atlas Safety Equipment Co., the manufacturer of the original safety net and frame. 17. Approval of purchase of furniture and furnishings for the Convention Center from Yochem's, for the total of $70,524.24, based on best bid. Funding is to be made available through the Convention Center Facility Bond Fund. Twelve bid invitations were issued and six bids were received. City Manager Martin referred to item 17 and explained the bidding on the furniture for the Convention Center. He stated that La Gaviota Company withdrew their bid. 18. Installation of 1,385 1.f. of chain link fence for the O.N. Stevens Plant be purchased based on low bid from Allied Steel and Wood Fence Co., for $7,595. Ten bid invitations were issued and five bids were received. Funds are available in the 83/84 Capital Outlay Budget. 19. Two portable 160 cfm air compressors for the Water and Wastewater Divisions be purchased based on low bid from Pro Rentals, Inc., for $21,406. Seventeen bid invitations were issued and six bids received. Funds are available in the 83/84 Budget. 20. Plans and specifications for the Wooldridge -Staples Channel, Phase II project be approved and bids be received on May 9, 1984. This Phase II work represents the completion of the Wooldridge -Staples Channel as envisioned by the 1970 Bond Program and provides for excavation of this drainage channel from Airline Road to near Brandywine Subdivision. Council Member Slavik referred to item 19 and asked about the use of such air compressors and the statement in the memorandum statement that they are portable. Mr. Lontos explained that they are used when there are water breaks, water line repairs, etc. Mr. Glenn explained that by portable, the staff referred to that fact that they are trailer mounted and can be moved easily. Mayor Jones ascertained that no one in the audience wished to speak on the consent motions. _,inutes Regular Council Meeting April 11, 1984 Page 9 A motion was made by Mayor Pro Tem Turner that items 1 through 20 be approved, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * Mayor Jones called for consideration of consent ordinances and ordinances from previous meetings. Mayor Jones referred to ordinance 21 which authorizes the acquisition of a parcel of land for the Navy Clear Zone Land Acquisition Project and stated that he had been contacted by homeowners in the clear zone of the Naval Air Station who are concerned that the City will purchase their land and they will have to move. He stated that he would like to make it very clear that the purpose of this program is to have the area remain status quo and assured everyone in the audience that the City is only purchasing vacant land and no one will have to move from their residence. City Manager Martin confirmed this by stating that the bonds were sold strictly for the purpose of acquiring undeveloped land. Council Member Slavik referred to ordinance 24 which calls for an additional appropriation for the Baldwin Boulevard Reconstruction Project between Agnes and Leopard Street to allow for the construction of a 5' sidewalk and inquired if the adjacent property owners would have to pay more also. Assistant City Manager Lontos replied that they will pay about 20% more on sidewalk assessments for the extra foot of sidewalk. City Manager Martin further explained that the plans as prepared called for 4' sidewalks; the City Council decided on 5' sidewalks; and a change order has been issued to increase the cost of the sidewalks. He stated that this same situation would exist on the Cole Street project as well. Council Member McComb referred to ordinance 23, appropriating funds for appraisal services in connection with the Tiger Lane - Weber to Flynn Parkway Street Improvement Project, and asked about the status of the Tiger Lane Extension. Mr. Lontos explained that at the time the bonds were voted upon, right-of-way was not included in the cost; the staff is attempting to convince the property owners to improve the land; but if they are not successful in doing so, a report will be provided as to what should be done. Mayor Jones expressed the opinion that he did not think the City should pay for something that would benefit the Conoco Towers Company. City Manager Martin referred to item 26 which approves a resolution in support of the "pothole" bill and informed the Council that the City of Ft. Worth is making arrangements for a press conference to be conducted on Monday, May 7, 1984, in Austin at 11:00 a.m., at which time they want all of the large cities to express support of passage of the "pothole" bill. He suggested that it might be well for some of the Council Members to attend since Mayor Jones will be out of the City. Ainutes Regular Council Meeting April 11, 1984 Page 10 Mayor Pro Tem Turner stated that she would like to go for the purpose of providing support at the press conference and Council Members Guerrero, Brown and Berlanga indicated that they would also like to go. City Manager Martin stated that Mr. Briones will make the arrangements for travel. City Manager Martin referred to ordinance 27 which closes and abandons a 5 foot wide utility easement in Laguna Business Center and stated that it is listed on the agenda on a three -reading basis. He explained that HEB Grocery Company would like to move ahead with their development and has requested that this be passed on a one -reading basis so that they can begin construction. He stated that he recommends approval of their request because it is a non -controversial issue and there is no reason not to have it on a one -reading basis. He stated that he has never seen an objection to closing a utility easement. Council Member Slavik referred to ordinance 28 which is the first reading approving an assignment of lease at Parker's Bait Stand and asked about the possibility of increasing the rent on this lease. Mayor Jones stated that the City has a contractual commitment on this and the rent can be increased every two years. City Manager Martin stated that that was correct; the City does have the right to increase the rent every two years, but he did not know whether this has been done or not. Assistant City Manager Bill Hennings stated that it was not increased in January of 1984. Mayor Jones called for comments from the audience on the ordinances and there was no response. City Secretary Read polled the Council for their votes and the following ordinances were passed: 21. ORDINANCE NO. 18170 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 44 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $8,915; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". _iinutes Regular Council Meeting April 11, 1984 Page 11 22. ORDINANCE NO. 18171 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 11 IN CONNECTION WITH THE POLICE STATION EXPANSION PROJECT; APPROPRIATING $29,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 23. ORDINANCE NO. 18172 APPROPRIATING $1500 FOR APPRAISAL SERVICES PERFORMED BY THOMAS F. DORSEY IN CONNECTION WITH THE TIGER LANE EXTENSION - WEBER TO FLYNN PARKWAY STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 24. ORDINANCE NO. 18173 APPROPRIATING $30,000 TO SUPPLEMENT $295,000 PREVIOUSLY APPROPRIATED FOR THE CITY'S SHARE OF THE BALDWIN BOULEVARD STREET RECONSTRUCTION PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 25. ORDINANCE NO. 18174 AUTHORIZING SURVEYS FOR 14 PARCELS OF LAND IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $20,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 26. ORDINANCE NO. 18175 SUPPORTING INCREASED STATE HIGHWAY FUNDING, PASSAGE OF THE "POTHOLE" BILL, AND INCREASED HIGHWAY USER CHARGES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 1inutes Regular Council Meeting April 11, 1984 Page 12 27. ORDINANCE NO. 18176 CLOSING AND ABANDONING THE 5 FOOT WIDE UTILITY EASEMENT IN BLOCK C-1, LAGUNA BUSINESS CENTER, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 28. FIRST READING CONSENTING TO THE ASSIGNMENT OF PARKER'S BAIT STAND LEASE FROM FRANKLIN MOORE TO LOWELL THOMAS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 29. SECOND READING CLOSING AND ABANDONING A 50 FOOT WIDE UNNAMED STREET ADJACENT TO SHERWIN PLACE SUBDIVISION; A 5 FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 10, BLOCK 1, SHERWIN PLACE, A 10 FOOT WIDE UTILITY EASEMENT OUT OF LOTS A, B, AND C, MT. VERNON SHOPPING CENTER, AND A 5 FOOT WIDE UTILITY EASEMENT OUT OF LOT C, MT. VERNON SHOPPING CENTER, ABANDONING TWO EASEMENTS; AND LISTING THE PROVISIONS THEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 30. ORDINANCE NO. 18177 AMENDING CHAPTER 35, OIL AND GAS WELLS, OF THE CITY CODE TO CONSOLIDATE THE FOUR ARTICLES OF THE CHAPTER, EACH FOR DIFFERENT GEOGRAPHICAL AREAS, INTO ONE SET OF REGULATIONS FOR ALL AREAS AND AMENDING THE AREA OUTSIDE OF THE CITY LIMITS TO BE REGULATED AND AMENDING THE METHODS FOR PERMITTING AND UNITIZATION AND PROVIDING FOR INCREASED PUBLIC LIABILITY INSURANCE REQUIREMENTS; AND PROVIDING FOR PUBLICATION AND SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * * * * * Mayor Jones called for consideration of the following ordinance from the Regular Agenda which pertained to amending the City Code to prohibit the consumption of alcoholic beverages in motor vehicles. Mayor Jones stated that the preceding week, all nine of the Council Members were present and had agreed that this should be passed. He inquired if anyone in the audience was opposed to passage of this ordinance and no one indicated that they were. ,inutes Regular Council Meeting April 11, 1984 Page 13 Council Member Kennedy stated that he had read the ordinance in its entirety and reminded the staff that they had been requested to provide the Council with a draft copy based on the Arlington ordinance, but with changes made to address specific items for the City of Corpus Christi. He stated that as he interprets the ordinance, he felt that the City Council is attempting to accomplish two things - one, to reduce driving while intoxicated, and two, stimulate the State Legislature to do something on a statewide level to prohibit the consumption of alcoholic beverages in motor vehicles. He stated that he questioned some of the language in the proposed ordinance and questioned the portion that indicated that anyone who is drinking in or on an automobile is subject to a fine. He stated that he felt it would be more appropriate to direct the ordinance to the person who is driving a motor vehicle instead of passengers. He agreed that this would be a very difficult ordinance to enforce, particularly if it remains the way it is now written. Mayor Jones pointed out that the legal staff has recommended this ordinance not be passed. Council Member Kennedy suggested the elimination of the words "upon a vehicle", noting that if this is left in anyone who is sitting on a vehicle possibly at the Buccaneer Days Parade, would be subject to a fine if they are drinking beer while sitting on a vehicle. He stated that he felt that section 53-13 should address the driver of vehicle - not all persons "in or upon". Council Member Mendez agreed that the Council had recommended that the staff prepare an ordinance that would satisfy the particular needs of this City and he had the same concerns about the ordinance in that they are trying to prohibit drivers from drinking. He agreed that something needs to be done about DWI and the City Council should consider what the State Legislature is doing, because he felt that they are going to try to pass legislation on a statewide basis. He stated that he even thought that the problem is not driving while drinking, it is actually people attending bars and parties late at night and then driving. He expressed the opinion that an ordinance of this nature will not deter people from drinking and then driving. He referred to the discussion the preceding week at which time he had questioned the amount of the fine and he was told it would be up to $200. Council Member Guerrero indicated that he too had some concerns about the ordinance because by passing this ordinance, the City Council may be pre-empting state laws and may be creating problems in enforcing the ordinance. He stated that the primary reason for passing such an ordinance is to get the attention of the legislators and if this is what is to be accomplished, he would suggest that a resolution urging passage of a state law be passed instead of this ordinance. Council Member Slavik stated that she would like for the attorney who is working with the organization called RID to address a concern of hers. She referred to Council Member Kennedy's suggestion that the ordinance be limited to drivers of motor vehicles and she asked Mr. Ben Sley to address this subject. Mr. Ben Sley stated that to him personally, that would be acceptable. He stated that he felt that no person should intentionally drive or operate a vehicle while consuming alcoholic beverages. He stated that their main thrust was also to prohibit drinking and driving and that it would be personally acceptable to him if the words "in or upon" be eliminated and the words "operate or driving" be substituted therefor. iinutes Regular Council Meeting April 11, 1984 Page 14 A motion was made by Council Member Kennedy that section 53-13 be amended to delete the words "in or upon" and that the words "driving or operating" be substituted. The motion was seconded by Council Member Slavik. After further discussion, section 53-13 was amended to read as follows: "no operator shall knowingly or intentionally consume an alcoholic beverage while operating a motor vehicle in a public place" and that the portion following this section be eliminated from the ordinance as it pertained to the reference to buses. Council Member Kennedy accepted this amendment. The amended motion passed unanimously. Mayor Jones called for comments from the audience on this ordinance and there was no response. City Secretary Read polled the Council for their votes and Ordinance 31 was passed as follows: 31. FIRST READING AMENDING CHAPTER 53, TRAFFIC, OF THE CODE OF ORDINANCES TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES WHILE OPERATING A MOTOR VEHICLE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting "aye"; Guerrero and Mendez voting "no." Council Member Mendez called for discussion of Ordinance 32, which pertains to repair permits to allow for hull cleaning of boats that remain in the water and inquired if adequate insurance would be required. Assistant City Manager Utter stated that the City now has a new service called Hydra -Scrub which goes next to other boats to clean hulls. He stated that the insurance was required because in the event that someone was injured on the boat or on another boat during such operation, the City desires to pass this in order to be protected. In regard to ordinance 33 which authorizes a ten year lease with the Corpus Christi Yacht Club for piers L and M and the creation of 22 additional slips, Assistant City Manager Utter provided an explanation. He displayed a transparency of the proposed additional slips and stated that the Yacht Club will pay the City 110% of the existing slip rental rate. He stated that this appears to be a process by which the City will obtain additional slips after the first 10 year period; they will receive 110% of the lease payments; and in return the City will have to give them the use of four slip areas to offset the cost of constructing the additional slips. He stated that their lease rates are slightly more than those of the City. No one in the audience wished to speak on ordinances 32 and 33; City Secretary Read polled the Council for their vote; and the following ordinances were passed: .,inutes Regular Council Meeting April 11, 1984 Page 15 32. FIRST READING AMENDING THE CITY CODE SECTION 12-75 TO PROVIDE FOR PERMITS FOR IN -WATER HULL CLEANING SERVICES IN THE MARINA; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". 33. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE WITH THE CORPUS CHRISTI YACHT CLUB FOR PIERS L AND M. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * * Mayor Jones announced the public hearing on the following street closing: 34. STREET CLOSING - 60 foot wide portion of Canal Avenue west of Surfside Boulevard on Corpus Christi Beach. This section of Canal Avenue is currently unimproved and impassable to vehicles. Assistant City Manager Lontos informed the Council that this is an area on Corpus Christi Beach and located it on a transparency. He explained that this street closure is in keeping with the one-way traffic pattern recently approved for Corpus Christi Beach. He stated that the City staff will require the applicant to dedicate an easement and if this is done, the staff has no objection to the street closing. Council Member Slavik inquired about payment for the land acquired by the property owner, and Mr. Lontos reminded her that this matter was turned over to the Planning Commission and at this time the City has no method of requiring payment for such closures. Council Member Slavik stated that she would like for the City to receive payment for this street closing, and Mr. Lontos reiterated that the staff had made recommendations to the Planning Commission, but a new policy has not yet been established. Mayor Jones also pointed out that City is trying to develop a policy; the City should not start charging before they have the recommendation from the Planning Commission on the policy; and if the City started charging before that report was provided, it would pre-empt the actions of the Planning Commission. Mr. Lontos informed the Council that this matter will be considered by the Planning Commission on April 24, 1984. No one spoke in regard to this street closing. a i .inutes Regular Council Meeting April 11, 1984 Page 16 A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Berlanga. City Manager Martin informed the Council that one of the adjacent property owners is a city employee, but he is not in a position that would have any effect on any decisions associated with this land. The motion to close the hearing passed unanimously and the Council was informed that the first reading of the ordinance effecting the closing would be on the agenda the following week. * * * * * * * * * * Mayor Jones announced the public hearings on five zoning applications. 35. Application No. 384-2 Mr. Robert Ashlock: For a change of zoning from "T -1B" Mobile Home Park District to "T -1C" Mobile Home Subdivision District being the south 135 ' of Tract 2, Waldron Subdivision Annex, located west of the intersection of Ester Drive and Roseann Drive. Assistant City Manager Tom Utter informed the Council that there was no response to the 14 notices of the public hearing that were mailed and that both the Planning Commission and Planning staff recommend approval. Mayor Jones determined that no one in the audience wished to speak in opposition to this zoning application. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their vote effecting the zoning change and it passed as follows: 35. ORDINANCE NO. 18178 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROBERT ASHLOCK BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF TRACT 2, WALDRON SUBDIVISION ANNEX FROM "T -1B" MOBILE HOME PARK DISTRICT TO "T -1C" MOBILE HOME SUBDIVISION DISTRICT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * 36. Application No. 384-3T, Messrs. Henry and Bryan Tucker: Amendment to the Zoning Ordinance to Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.67 setting forth zoning classifications of "R -1B" One -family Dwelling District, "R-2" Multiple Dwelling District, and "B-4" General Business District on a described tract of land when annexed to the City of Corpus A i _.inutes Regular Council Meeting April 11, 1984 Page 17 Christi, Texas. Tract lA being 716.76± acres, Lots 1-15, out of Lot 16 through 20, Section 9, Lots 21-32, out of Lots 17-20, Section 10, and out of Fractional Section 8, Tract 1B being 35.39± acres out of Fractional Section 8, Lots 16-20, Section 9, Tract 2 being 62.31± acres out of Fractional Section 8, Lots 16-20, Section 9, and Tract 3 being 24.63± acres out of Lots 17 and 18, Section 10, all tracts out of Flour Bluff and Encinal Farm and Garden Tracts, located between Yorktown Road and the Cayo del Oso, on the east side of S. Staples Street. Assistant City Manager Utter informed the Council that in response to the 11 notices of the public hearing that were mailed, 3 in favor and none in opposition had been returned and that both the Planning Commission and Planning staff recommend approval of the request. Mr. Larry Wenger, Director of Planning, briefly described the location and stated that the applicants propose the construction of an 18 -hole golf course with single family dwellings and townhouse development, as well as commercial development at two arterial streets. Mayor Jones referred to discussions that have been conducted about the dedication of park land along the Oso Creek. He stated that there will be a joint meeting at the Convention Center conducted by the Park and Recreation Department for the purpose of establishing some guidelines after that meeting, following which the zoning ordinance will be amended to take care of such park dedications along the Oso. Council Member Slavik pointed out that this case calls for a comprehensive plan, particularly in the area beyond the Oso. She asked about the statement and the explanation that the actual configuration of the project may change in the platting process. Mr. Wenger explained that the City has the final plat showing the golf course with a few residential lots, but by the time they complete the area and submit a final plat on the remainder of the property, the configuration may change somewhat, and if it does, they may have to submit another application for a change of zoning. No one spoke in opposition to this zoning request. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18179 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.67, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS TRACTS 1A, 1B, 2, AND 3, OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting "aye"; Turner and Kennedy absent at the time the vote was taken. _,inutes Regular Council Meeting April 11, 1984 Page 18 * * * * * * * * * * 37. Application No. 384-5, Mr. Roland R. Hogan: For a change of zoning from "R -1B" One -family Dwelling District and "R-2" Multiple Dwelling District to "AB" Professional Office District on Lots 15 and 16, Block 10, Gardendale No. 1, located on the north side of Holly Road, approximately 200' east of Burton Lane. Assistant City Manager Utter informed the Council that in response to the 11 notices of the public hearing, 4 in favor and none in opposition had been returned. He stated that the Planning Commission recommends approval, but the Planning staff recommends denial because they feel that a more appropriate zoning would be for low density multi -family development than for the proposed office use because of the anticipated generation of excessive traffic onto Holly Road. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He noted that one lot in the application is zoned "R-2" and one lot is zoned "R -1B". Mayor Pro Tem Turner pointed out that the single-family homes in the area do not face on Holly, and Mr. Wenger agreed that they do back onto Holly Road. Mayor Pro Tem Turner commented that the Council has considered zoning applications on Holly Road before but because of the existence of the railroad track, residential development is just not going to occur. Mr. Wenger stated that the staff is of the opinion that any development should be of a multi -family dwelling nature. Council Member McComb stated that he hoped that Holly Road would eventually be a four -lane street and he would support the request for professional zoning in accordance with the Planning Commission recommendation. Mr. Wenger stated that Holly Road is listed on the Master Plan as a four -lane street for the future. Mr. McComb suggested obtaining the right-of-way now for the widening of the street, and Mr. Wenger explained that the City cannot do that through zoning because these lots are already platted. Mr. McComb expressed the opinion that if Holly Road continues to develop, the City might never be able to acquire the needed right-of-way. He suggested that instead of that, they require a certain building setback. Mr. Wenger stated that he believed that the lots on Holly Road now have a 35 foot setback. He assured the Council that if the property owners replat, the City could ask for a dedication. _.xnutes Regular Council Meeting April 11, 1984 Page 19 Mr. Roland R. Hogan, the applicant, explained to the Council that between the lots under discussion and the intersection, the lots are owned by the Gardendale Baptist Church. He stated that Reverend Bob Meadows of that Church had indicated to him that they feel that the proposed use would be compatible with the plans for the Church. He explained that his company is constructing projects on Staples and Holly and these lots under discussion are the closest ones available for purchase. He explained their proposed use is for dental -medical offices and their plans have been discussed with the neighbors who have no objection. Ms. Sue Delaney stated that the property under discussion is now an eyesore to the neighborhood and she was of the opinion that changing the zoning to "AB" would create an attractive complex and would act as a buffer between the residences and the commercial use further down the street. She expressed the opinion that the proposed use would enhance the area and the church as well. Mayor Jones inquired of Ms. Delaney if she had a contract for the sale of the two lots, and Mrs. Delaney admitted that she did. Mrs. Kathy Hogan displayed plans for the two lots and stated that they hoped that others would construct similar types of professional uses along this area of Holly. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18180 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROLAND R. HOGAN BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 15 AND 16, BLOCK 10, GARDENDALE NO. 1, FROM "R-2" MULTIPLE DWELLING DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". Mayor Jones stated that he would like to encourage the staff to continue to make the kind of recommendations that they have been doing regardless of what they think the Council will finally approve. * * * * * * * * * * 38. Application No. 384-6T, Grandstand Softball: Amendment to the Zoning Ordinance to Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.68 setting forth a zoning classification of "I-2" Light Industrial District on a described tract of land when annexed to the City of Corpus Christi, Texas. .inutes Regular Council Meeting April 11, 1984 Page 20 Being 49.63± acres cut of Lot 8, Section 14, Bohemian Colony Lands, located on the southeast corner of Greenwood Drive and Saratoga Boulevard. Mr. Utter informed the Council that in response to the 9 notices of the public hearing, one in favor and one in opposition had been returned and that both the Planning Commission and Planning staff recommend approval. Mr. Wenger explained to the Council that the applicant plans to install a commercial softball complex at this location. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18181 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.68, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOT 8, SECTION 14, BOHEMIAN COLONY LANDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * 39. Application No. 384-7, Central Power and Light Company: For a change of zoning from "R -1B" One -family Dwelling District to "I-3" Heavy Industrial District, being 11.7± acres out of Lon C. Hill Unit 1 and Gregorio Farias Grant, Abstract 592, located on the west side of Callicoatte Road, approx- imately 925' south of Hearn Road. Mr. Utter stated that in response to the 4 notices of the public hearing, none in favor and one in opposition had been returned and that both the Planning Commission and Planning staff recommend approval. He informed the Council that the 20% rule is in effect because the one property owner who expressed opposition owned sufficient property to invoke the rule. He stated that it will require 7 affirmative votes to approve. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity and stated that Central Power and Light Company now operates a facility there and they plan to add a garage facility. He stated that the property owner who objected to the change of zoning has farm land across the street from the CP&L property. _.inutes Regular Council Meeting April 11, 1984 Page 21 Council Member Berlanga inquired about the reason for the opposition, and Mr. McComb, reading from the response of the property owner, stated that they indicated that it would be a detriment to the value of their property. He pointed out however, that the owner lives in Lubbock, Texas. Mr. S. E. Kelly, District Manager of Central Power and Light Company, explained to the Council that they have a power plant which was constructed in the 1950's at this facility and they have a supply warehouse where materials are stored for this entire area. He explained that they propose the construction of a facility for hydraulic equipment repair; it will be a new business; and additional jobs will be created to operate the facility. He explained that previously, the repair work was sent to other cities. He stated that 15 to 20 new people will be employed at this new facility. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18182 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CENTRAL POWER AND LIGHT COMPANY BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LON C. HILL UNIT 1 AND GREGORIO FARIAS GRANT, ABSTRACT 592, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-3" HEAVY INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * Mayor Jones called for the City Manager's Report. City Manager Martin referred to political signs and noted that this is an ongoing problem. He explained that when the City takes action to remove signs placed illegally, they are accused of being political. He explained to the Council that the placement of signs in the public right-of-way is illegal and dangerous for moving traffic. He explained that the staff plans to advise the candidates to please remove their signs and after the campaign, to remove all of them very promptly. He stated that in his opinion the signs in the right-of-way should be removed at once. He agreed that often the candidate is not aware that their workers have placed signs in the public right-of-way. Mayor Jones agreed that the Council should instruct the City Manager to comply with the law and remove signs placed in public right-of-way. He expressed the opinion that the signs on Ocean Drive are too large and detract from the beauty of the street. He inquired if the ordinances clearly define the size and number of political signs that can be erected. City Manager Martin admitted that possibly the Staff did not adequately deal with signs of a temporary nature on private property, and the only clear sinutes Regular Council Meeting April 11, 1984 Page 22 thing that can be enforced is signs in the public right-of-way. He stated that he is just warning the Council that they may receive complaints because the City does intend to enforce this law. Mayor Jones suggested that between November of 1984 and April of 1985, the City Council should establish some guidelines governing the size of signs. Council Member Kennedy stated that the Council had received a communication from the Art Community Center and inquired about the status in connection with long term use of the City Hall Annex. City Manager Martin stated that nothing has been established at all. He stated that this was an issue that was presented in a number of different sessions in connection with the location of the new City Hall, but at this time the staff has no plans for the use of the vacated City Hall buildings. Council Member Kennedy requested that within the next six months, the Council be provided with a statement of ultimate long term usage of the buildings, and Mayor Jones agreed that a policy as to whether or not the buildings should be torn down should be established. Mayor Jones stated that this is going to be one of the most difficult questions any Council in the future will have to deal with. Council Member Kennedy then referred to the request to name the portion of the Bayfront Science Park where the old homes are located Heritage Park. He suggested that a discussion on that be conducted within the next two or three months. Assistant City Manager Utter stated that the Landmark Commission began to discuss this issue at their meeting the preceding day, and they felt that there should be some type of public input. He stated that the letter of request to name this Heritage Park was not from the Landmark Commission but an individual member. Council Member Slavik stated that it was her understanding that the Art Community Council would like to have time to address the Council. Mayor Jones stated that they will be allowed to speak within the next two or three weeks. Mayor Pro Tem Turner stated that she felt that this Council really needed to examine the issue of payment of delinquent taxes. She stated that they have received requests from various companies to perform collection of delinquent taxes and noted that the City has in excess of $1 million in delinquent taxes. She suggested that the City request proposals for this service. Mayor Jones stated that he felt this should be discussed by the Council first. Ainutes Regular Council Meeting April 11, 1984 Page 23 Mayor Pro Tem Turner continued by stating that State Legislation allows the City to increase the tax amount 15% to pay for the collection fee. She pointed out that the County is doing this at this time. City Manager Martin interjected that the County has not been very successful in doing this through a private company and it is not being done by most larger cities in the country. He stated that he has very strong feelings about this because there are only two firms in this State who, in his opinion, are professionals and do a good job in collecting delinquent taxes. The other companies usually collect those that have just been delinquent for a very short time and would probably be paid anyway. He stated that this City has a good collection rate in that eventually 99% of those taxes are collected. He stated that he had approached one of those firms and asked about the possibility of their collecting taxes that are more than two years old and they did not want that kind of business - they want to collect the taxes the minute the taxes become delinquent and this is a very easy task. He stated that the staff is attempting to collect delinquent taxes at this time and expressed the opinion that someone has provided Mrs. Turner with erroneous information. He stated that the City collects court costs now in connection with the collection of delinquent taxes. Council Member Berlanga stated that he had performed a little research on his own and had a statement from ten developers in the City. He stated that he noticed that they have paid their County, School and Water District taxes but have not paid the City taxes. City Manager Martin stated that he would like to have copies of that information, because the City performs the collection for the schools. City Manager Martin continued by stating that he will provide some information about who owes the delinquent taxes and whether homesteads are involved or not. Council Member Brown pointed out that after City taxes are delinquent, even if the person voluntarily pays their delinquent taxes, the collection agency that has been engaged still receives 15%. City Manager Martin stated that that is usually true but the City could write their own agreements if the Council decides to go this route. Council Member Mendez stated that the Chicano organizations are working with the Kidney Foundation but they have not been able to discuss their plans for a fund raising event in Cole Park with Tom Utter, yet they want something to be done. * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Donna Hale, 5810 Limmerick, stated that she is the owner of Corpus Christi Water Sports and she was present to protest against the contract that was given to U -Haul Company to operate another water sports franchise on the Ainutes Regular Council Meeting April 11, 1984 Page 24 Peoples Street T -Head. She stated that she, her husband and son operate such a concession now, and they applied for a concession one or two years ago but they were turned down by the Marina Board. She expressed the opinion that it would be quite dangerous to have that much activity in that area. Mr. Danny Hale, Mrs. Hale's son, stated what the safety factors would be in connection with the jet skis. He explained that U -Haul has a permit for five jet skis and his mother's company has a permit for fifteen. He stated that that area does not have enough room for that many jet skis to be in operation. He explained that they are also allowed to have ten sailboats and this would also be in the area of the Captain Boomers Restaurant. Mayor Pro Tem Turner inquired about the status of the U -Haul contracts. Mr. Utter explained that the Marina Board approved an agreement with U -Haul which is basically a boat slip rental. He stated that they can only grant a one year lease; the U -Haul contract allows for up to a maximum of five jet skis; they will also provide rental of fishing boats, sailboats and other water related items. He stated that they plan to establish a fun center which is needed in the Marina area. He stated that U -Haul also plans to rent items on Corpus Christi Beach which will increase activity there. Mayor Pro Tem Turner stated that another group headed by Mr. Ray Lopez had been informed that they could not have a lease because there was already one in operation. She asked for an explanation of this statement. Mr. Utter explained that to his knowledge, that company was not told that. He explained that they requested a five year lease and the City can only grant one year leases. He assured the Council that there is no exclusivity in the leases and the staff does not feel that there is any safety problem whatsoever. He stated that the north side of the Marina is almost vacant because there are no boats, and there is plenty of water area, but there may be some parking problems encountered. He explained that there is some congestion with vehicle traffic, but this activity would not increase the congestion because U -Haul will primarily rent to people staying at the hotels in the area. He reiterated that the staff feels this would be an asset to the Marina and it had been approved by the Marina Board. Mayor Jones suggested that the City Manager report back to the Council on this matter. There being no further business to come before the Council, on motion by Council Member Brown, seconded by Mayor Pro Tem Turner, and passed unanimously, the meeting was adjourned at 5:30 p.m., April 11, 1984. /tb