HomeMy WebLinkAboutMinutes City Council - 09/22/1987MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1987
9:00 a.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Clif Moss
Council Members:
Leo Guerrero * City Manager Craig McDowell
Frank Mendez City Attorney Hal George
Bill Pruet City Secretary Armando Chapa
Mary Rhodes
Mary Pat Slavik
Linda Strong *
Absent:
David Berlanga, Sr.
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation and Pledge of Allegiance to the Flag of the United States
were led by Mayor Pro Tem Moss.
A motion was made by Council Member Pruet to excuse Council Member Berlanga
from the meeting because of his attendance at an out-of-town City Credit Union
Meeting. The motion was seconded by Council Member Mendez and passed by the
following vote: Turner, Mendez, Pruet, and Slavik voting, "Aye"; Moss and
Rhodes voting, "No"; Guerrero and Strong absent.
Mayor Pro Tem Moss expressed the opinion that the principle is that Council
Members should not be excused from Council Meetings except for reasons that they
cannot control such as as an illness.
A motion was made by Council Member Rhodes that the Minutes of the Regular
Council Meeting of September 15, 1987 be approved as presented; seconded by
Council Member Slavik and passed unanimously by those present and voting.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 6, noting
that Nos. 2, 4 and 5 were withheld for discussion.
MICROFILMED
Minutes
Regular Council Meeting
September 22, 1987
Page 2
1. M87-0326
Approving a supply agreement for lubricating oils and greases to Industrial
Lubricants based on low bid and best bid for $103,459.40. The term of this
agreement will be twelve months with an option to extend for an additional
twelve months subject to the approval of the supplier and the City Manager
or his designee. These items will be used and distributed by the
Maintenance Services Department.
2. M87-0327
Approving plans and specifications and authorizing receipt of bids on
October 20, 1987, for the construction of bus turnouts on Staples Street at
the Padre Staples Mall, on Airline and McArdle Roads at the Sunrise Mall,
and on Leopard Street at the Lighthouse for the Blind.
3. M87-0328
Approving a contract with Coast Development Company for the acquisition of
a parcel for the Blanche Moore Outfall Project.
4. M87-0329
Approving the Comprehensive Homeless Assistance Plan.
5. M87-0330
Approving the Library Board's recommendation to establish the following
Library Board subcommittees: Planning and Development, Public Relations,
and Arts & Exhibits; and authorizing the Library Board to appoint members
from outside its membership.
6. M87-0331
Accepting the Tiger Lane Extension project from Weber Road to Flynn
Parkway; granting the contractor a 15 -day time extension due to change
order work; and authorizing final payment of $84,376.19 to Oceanside
Asphalt, Inc.
No one spoke from the audience in reference to the above items.
A motion was made by Council Member Slavik to approve Motions 1, 3 and 6;
seconded by Council Member Pruet and passed unanimously; Berlanga, Guerrero and
Strong absent.
In reference to Item No. 2 concerning the Regional Transit Authority Bus
Turnouts, Council Member Slavik inquired if the RTA is paying the $75,000 cost,
and City Manager McDowell replied that funds for the project will be provided
from the $200,000 a year paid to the City by RTA.
Minutes
Regular Council Meeting
September 22, 1987
Page 3
In answer to a question from Council Member Slavik, Mr. McDowell stated
that RTA pays a minimum of $200,000 a year adjusted annually upward by the
consumer price index. He explained that the City and RTA mutually agree on a
list of projects which totals at least $200,000 and that the $75,000 will come
out of the $200,000.
Council Member Slavik encouraged the Staff to try to obtain more money from
RTA because of the damage to the streets caused by the buses.
Council Member Pruet concurred and stated that the buses are doing an
excessive amount of damage, and he referred to one particular project.
In answer to a question from Council Member Pruet, Mr. McDowell stated that
Victor Medina, Director of Engineering Services, is taking steps to identify
areas in which we can recover from them, and Staff is aggressively pursuing it
more than in the past.
In answer to a question from Council Member Pruet about last year's
$200,000, Mr. McDowell stated that the City is receiving a portion of it; part
of it coming over into this year; and we did agree on a set of projects. He
stated that the City did not receive it all within the fiscal year, but will do
so this year.
Mr. Pruet requested a copy of the agreement between the RTA and the City,
and Mr. McDowell stated that he will provide the Council a copy of that one
particular section.
Mayor Pro Tem Moss stated that he had understood it was just a flat fee,
and he noted that weeks ago he made the statement that he thought we should work
out a tax per mile or per hundred miles that the buses are driven on City
streets. He also pointed out that the RTA is having some serious budgetary
problems with shortfall. Mr. Moss questioned Project No. 4 on Leopard Street
and inquired why money needs to be spent at this location. He stated that there
is plenty of space without having to spend money.
Assistant City Manager Lontos stated that it is one of the projects; there
is a lot of use; and he pointed out the traffic and the number of buses stopping
at that particular location.
Mr. Moss noted that at that location there is head -in parking and suggested
that the City restrict parking there to provide for the bus stop. Mr. Moss made
the suggestion that Project No. 4 on Item No. 2 be withdrawn.
After more discussion, Mr. Lontos made the suggestion that the bids for all
of the projects in Item No. 2 be taken; the Staff will review the exact problems
Mr. Moss pointed out; and it will be brought back to the Council.
Minutes
Regular Council Meeting
September 22, 1987
Page 4
The Council concurred with the suggestion.
* Council Member Guerrero arrived at the meeting at 9:15 a.m.
In reference to Item No. 4 concerning the Comprehensive Homeless Assistance
Plan, Council Member Mendez noted that several months ago a meeting was
conducted with the Homeport Steering Council and discussions were held
addressing the homeless issue. Mr. Mendez inquired if these funds are available
to all cities.
City Manager McDowell stated they are based on an allocation to the
surrounding communities, and he is not sure of the criteria for the allocation.
Council Member Mendez stated that he would like a representative from a
local social agency to come before the Council and discuss how the issue of the
homeless can be approached. He stated that Ingleside has indicated they are
going to establish a referral center to refer transients to Corpus Christi. He
continued by stating that Ingleside has indicated there will be a lot of
homeless people because of Homeport. He further stated that there should be a
coordinated effort between everyone involved.
Mr. McDowell pointed out that this is similar to CDBG applications; you
have to apply directly to the state for your allocation if your population is
50,000 or smaller. He stated that our intent, once we get these funds, is to
contract with a number of community-based organizations in the area to provide
the service.
Mayor Turner stated that the Homeport Steering Council does have a Task
Force to deal with this issue, and they will be encouraging the various groups
to apply for these funds. Mrs. Turner made the suggestion to invite Reverend
Dick Duncan to come before the Council and talk about the work of that
particular Task Force; what their findings have been; what their plans for
resolutions are; and how the City is going to provide for the influx of people.
Assistant City Manager Elizondo stated that Reverend Duncan participated in
the Planning Commission Meeting, and that the Planning Commission has endorsed
the plan.
Council Member Guerrero noted that on August 27, $100 million was
appropriated by the federal government specifically for targeting the homeless,
and he inquired if the City is going to use that money, and Mr. McDowell stated
that this City's allocation is about $62,000.
Mr. Elizondo stated that is for the emergency shelter provision; this has
to be placed in the community; once the Council adopts the plan, local
non-profit organizations that assist the homeless can submit proposals for a
Minutes
Regular Council Meeting
September 22, 1987
Page 5
share of the federal funding; the initial funding is $62,000, but social
agencies will be able to apply for additional funds for two or three times that
amount. He continued by stating that specific proposals will be brought back to
the Council on October 13, and Staff in conjunction with the Task Force will
make recommendations regarding the $62,000.
In reference to Item No. 5 concerning the Library Board Committees, Council
Member Slavik inquired how many other City boards have sub -committees, and City
Manager McDowell replied the Sister City and Park & Recreation. He noted that
the Municipal Arts Commission has within its structure an Art Selection Panel,
and Assistant City Manager Hennings stated that Senior Community Services has an
RSVP Service Advisory Council. Mr. McDowell stated that the number is limited.
Mr. McDowell noted that the Council's policy is that they cannot create
sub -committees without Council concurrence.
In answer to a question from the Mayor about Boards and Committees made up
of members of the board or outside the board, Mr. McDowell replied that the
Greens Committee would be outside the board; the Art Selection Panel may be a
combination of both; and the RSVP is probably outside.
Council Member Slavik asked what the original intent was about no
sub -committees without Council approval, and Mr. McDowell stated that since they
are advisors to the City Council, it would be appropriate that the Council give
them some direction as to what they are to do, and to maintain some kind of
continuity and limit in size, and to make sure they are focusing on the things
the Council wants them to do.
Mayor Pro Tem Moss noted that he senses through this that the Council is
not establishing a precedent, and that he hopes that the Friends of the Library
and the Library Board will work together in the future as they have done in the
past.
Mr. Moss then moved that the Council approve this with the proviso that
anybody that appoints to any of these sub -committees be a member of the Friends
of the Library for at least thirteen months prior to that.
Council Member Rhodes stated that she thought it was a good idea, but she
did not think that should be a provision, but that it be strongly recommended.
She stated that she would hate to exclude membership to those who wanted to
help; the more people that get involved the better; they ought to appoint most
of their members from the Friends; and that it is their intention to do that.
She stated that it should be suggested to them that ad hoc committees not use
the Staff's time.
Minutes
Regular Council Meeting
September 22, 1987
Page 6
Council Member Slavik inquired what the Staff's opinion is of this matter,
and Mr. McDowell stated that he would concur that there should be some
prohibition of all the committees' and sub -committees' utilization of Staff
time.
It was the consensus of the Council that Council Member Rhodes inform the
Library Board they they should be careful about the utilization of the Staff's
time; notification of the Council of the appointees; and the suggestion that
the Friends of the Library be considered for members.
There were no comments from the audience on the above items.
A motion was made by Council Member Mendez to approve Motion Nos. 2, 4 and
5; seconded by Council Member Pruet and passed unanimously; Guerrero abstaining
on No. 2; Berlanga and Strong absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances and
Ordinances from previous meetings, and Council Members requested that Items 7,
10, 11 and 13 be withheld for discussion.
There were no comments from the audience on the above items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
8. ORDINANCE NO. 19978
CLOSING AND ABANDONING SHELY STREET RIGHT-OF-WAY FROM NEAR FIG STREET TO A
POINT APPROXIMATELY 600 FEET NORTHWESTWARD; RETAINING A 10 -FOOT WIDE
UTILITY EASEMENT FOR THE SANITARY SEWER LINE THEREIN; PROVIDING FOR
REPLATTING AND REDEDICATION OF RIGHT-OF-WAY FOR SHELY STREET IN A NEW
ALIGNMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Guerrero, Mendez, Pruet, Rhodes and Slavik
voting, "Aye"; Berlanga and Strong absent.
9. ORDINANCE NO. 19979
AMENDING ORDINANCE NO. 19496 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET:
Tiger Lane, from Weber Road to Flynn Parkway; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Guerrero, Mendez, Pruet, Rhodes and Slavik
voting, "Aye"; Berlanga and Strong absent.
Minutes
Regular Council Meeting
September 22, 1987
Page 7
12. SECOND READING
GRANTING CENTRAL POWER AND LIGHT COMPANY'S REQUEST FOR A RATE DECREASE FOR
LARGE INDUSTRIAL CUSTOMERS IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING
FOR SEVERABILITY.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Moss, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye";
Berlanga and Strong absent.
14. ORDINANCE NO. 19980
AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS,
SECTION 35-60, DRILLING BLOCKS, BY AMENDING THE CONFIGURATION OF DRILLING
BLOCK MAP EXHIBIT A, DRILLING BLOCK NUMBERS 183, 188, AND 189; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye";
Berlanga and Strong absent.
15. ORDINANCE NO. 19981
AMENDING SECTION 105.2 OF THE MECHANICAL CODE ADOPTED BY ORDINANCE NO.
19288 TO PROVIDE FOR THE FILING OF A CERTIFICATE OF INSURANCE AND
SUSPENSION OF PERMITS WITHOUT INSURANCE COVERAGE; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye";
Berlanga and Strong absent.
* * * * * * * * * * * * *
In reference to Item No. 7 concerning the electrical service to the
electronic message display center for the Bayfront Plaza, Mayor Pro Tem Moss
stated that some weeks ago the Council approved the sign for the Convention
Center, and he wanted an explanation as to why $10,000 more is required, and
City Manager McDowell stated it is for electrical work for wiring the sign. He
stated that the Council approved the purchase of the sign and the computer, and
this is a contract for an individual electrician to put in the wiring so that
the sign company can mount the sign.
In answer to a question from Council Member Moss regarding the sign
company's responsibility, and Assistant City Manager Hennings stated that they
just provided the specs for the sign and the computer system.
Council Member Moss asked why this was not included in their bid, and Mr.
Hennings stated that we did not ask the sign company to put that in their bid;
each sign company has a different set of requirements for electrical service;
and it was Staff's approach that the City could get a better price if we bid the
Minutes
Regular Council Meeting
September 22, 1987
Page 8
electrical contract separately. He noted that it was pointed out in the report
to the Council that Staff would be coming back with this proposal for the
electrical wiring once it was known who the sign company was and what their
requirements were.
Council Member Rhodes requested that in the future if Staff could include a
rough estimate on the alternatives on what to expect as an additional cost. She
stated this would enable the Council to make a better decision if they knew what
the total cost would be.
In answer to a question from the Mayor regarding why it was not added as an
addendum item, Mr. Hennings stated that it would not have been competitive; each
sign company would have bid only their electrical service requirement; this way
we can bid that requirement for all the local electrical contractors, and they
can bid competitively.
* Council Member Strong arrived at the meeting at 9:50 a.m.
In reference to Item No. 10 regarding the Campfire Girls lease renewal at
Lake Corpus Christi, Council Member Slavik inquired if this is considered a long
time for a recreational lease, and City Manager McDowell replied the existing
lease was for thirty years, and that it is similar to what has been done in the
past.
Council Member Slavik inquired if the Staff looked at this, and Mr.
McDowell replied in the affirmative, and the lease is recommended by Staff and
the Water Department. He further stated that they have been good tenants.
In reference to Item No 13 concerning the marina fee schedules, Council
Member Rhodes requested more discussion on this item. She stated that at the
presentation last week they were told that the slips are being used, and there
is a long waiting list. She stated that she was told there are a lot of vacant
slips, and people have been given one the next day because there is not a
waiting list. Mrs. Rhodes noted that some other cities have a more equal
balance and do not differentiate between the commercial and the pleasure boats.
City Manager McDowell stated that 150 are currently on the list; the
problem is that there may be boats, but they do not fit the size of the slips;
and the differential in the rate is primarily the cost of repairs to the Marina.
Mrs. Rhodes stated that some of the boats have been charged by the footage,
and inquired if there is a way to balance that out, and Mr. McDowell stated at
the time we did not have smaller slips; you pay by the slip, not by the size of
the boat; and there are people on the list, but the boat size does not fit the
slip that the marina has to offer.
In answer to a question from Mrs. Rhodes, Marina Superintendent Bruner
stated that 150 are on the waiting list; there are three waiting lists; 1. 0 -
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Regular Council Meeting
September 22, 1987
Page 9
22 ft.; 2. 22 - 33 ft.; and 3. 33 ft. and over. Mr. Bruner stated that there
are people on the list who do not have a boat and that there has been some
trading. He stated that before leasing a slip, they consider the size of the
boat, and if it will fit in the slip, we assign it there. He stated that to put
the right boat in the right slip is one of his responsibilities but that there
are some caveats to that.
In answer to a question from Council Member Rhodes concerning the rates
being competitive with other marinas, Mr. Bruner stated ours will be cheaper; he
stated he did a survey, and the average is about $3.00 a linear foot for a boat
slip in this region. Mr. Bruner offered a brief explanation on how the rates
were arrived at. He stated that he did not know of any other place that allows
shrimpers to do the kind of business that we allow them to; they considered that
as a place of business; and the average pleasure fisherman only uses the marina
about one or two days for about four or five hours. He stated that the new
rates will be effective November 1st.
Mrs. Rhodes inquired if this has to be done right away or if it could be
put off until things pick up. She asked if it would make a difference to the
City if this was delayed until Spring.
Mr. McDowell stated that the Council was given a ten-year program of rate
adjustments to deal with the improvements that need to be done in the marina.
He stated that the City would lose six months time and about } year in rates.
Mrs. Rhodes inquired about a delay just on the commercial rates, and Mr.
McDowell stated that is where the bulk of the maintenance is; we are at a point
where we have to start making some major improvements to the marina soon, or
costs will substantially increase. He stated that a delay will cost about
$100,000 to $150,000 and construction will be delayed a couple of years.
In answer to a question from Mrs. Rhodes, Mr. Bruner stated that the
commercial people were talked to individually and that the door is always open.
He stated that there are about 54 commercial boats and about 450 pleasure boats.
Mrs. Rhodes requested that the Council be provided information as to how
much money it would cost the City if we delayed six months on the commercial
boats only. She stated that it seemed like concessions were made to the
pleasure boat owners, and the commercial boaters are making a living that way.
Mr. Bruner stated that is the point; they are making their living that way;
they are using the marina for a place of business; and the City maintains that
for them.
Mayor Turner inquired if there are any vacant slips in some category for
which there is no waiting list, and Mr. Bruner stated no; when he cannot find
the proper boat to put in that slip, he puts a different size boat in there. He
iinutes
Regular Council Meeting
September 22, 1987
Page 10
stated that there are about 20 slips out of 500 leased on a day-to-day basis
that are in some status of change.
Mayor Turner referred to people who have slips who are not using them and
suggested that the Staff review the policy and bring their recommendations back
to the Council.
City Manager McDowell pointed out that the Council needs to be aware that
the City did reduce the rates on some of the boats, including the charter boats
from $5.85 to $4.20 a linear foot.
Council Member Guerrero reminded the Council that the City did exempt
pleasure boats from taxation and lost $100,000 in the process. He inquired
about the water taxis and expressed concern about the tourist related activities
on the bayfront.
Mr. Bruner stated that a water taxi by law is a charter boat and the
concession on the bayfront had the option to operate as a concession or as a
charter and he elected the charter boat rate. Mr. Bruner noted that the charter
rate was decreased.
Council Member Slavik expressed concern regarding the vacant slips, and
stated that the lessee should be forced or encouraged to sub -lease the vacant
slips.
Council Member Mendez stated that he thought the Council made a mistake to
exempt the pleasure boats from taxation; the rates should be more evenly
distributed; and if there is going to be a rate increase it should be done in
increments.
Council Member Guerrero inquired what it would take to reinstitute the boat
tax, and Mr. McDowell stated that the Council could impose it as a separate tax
bill.
Mr. Guerrero requested that Staff resubmit to the Council in writing the
information on the pleasure boats and the tax structure .
Mr. George Polinard, 4701 Andover, spoke in opposition to the increase in
commercial rates. He stated that by 1995 he will be paying $4,704 per year for
14 ft. by 40 ft. of water in which he owns no equity. He stated that he
resented being considered a commercial craft; he has an owner -operated, small
shrimp boat which is his livelihood; and he does not peddle to the public. He
stated it is wrong for the commercial boats to pay more, and the rate increase
should be across the board. He stated presently a group of fisherman are
considering suing the City on the 14th Amendment because this is strictly a case
of discrimination.
Mr. Ervin Strong, 215, Bridgeport, who operates the water taxis on the
bayfront, spoke in opposition to the increase. He stated he has checked into
different marinas and none differentiate between pleasure and commercial boats
Minutes
Regular Council Meeting
September 22, 1987
Page 11
except St. Petersburg, Florida. He stated that the rate increase is coming at a
time of year when things are dead, and that it would be a good idea to have a
study done and take a closer look at what other marinas are doing.
Council Member Slavik expressed the opinion that the City should equalize
rates and raise the pleasure boat rate and lower the commercial and referred to
the fact that other marinas do not differentiate between pleasure and
commercial. She stated that the rates need to brought closer together. She
stated that she thought pleasure boat owners could pick up some of the cost
because they were not taxed.
Discussion followed and Council Member Strong stated that slips in other
marinas are used for parking boats and not for a place of business. She stated
when you use your slip as a business you are paying for the slip and the
privilege of doing business. She stated that this is a slow, low income time of
year and suggested that we phase the rate increase in over a one-year period,
rather than do it all on November 1st.
Mr. Bruner expressed the opinion that the mechanics of phasing it in by the
quarter would be horrendous, and that the marina runs about $30,000 a month in
arrears.
Council Member Mendez pointed out that the City encourages the shrimpers to
sell off their boats because it is a tourist attraction. He stated that a lot
of different figures should be brought back to the Council to study and that he
would like to have more alteratives to generate the same amount of money.
Mr. McDowell requested from the Council some policy direction on whether or
not they want to treat all boat slips equitably or if they want a differential
rate.
Council Member Rhodes stated that there is a difference between someone who
is selling their product and using their boat like a store; she did not think
they should be treated equally, but there is too great a difference between the
two rates. She stated that she thought commercial boats that sell in the marina
ought to be charged more, and if the pleasure boats do not think that is fair,
maybe the tax back on the boats should be reconsidered.
Mayor Turner noted the severity of the increase at this time when things
are really slow and suggested it being phased in over a two-year period,
Mr. McDowell noted that there is a substantial amount of maintenance and
projects that need to be done at the marina.. He stated that Staff needs some
guidance on when the Council wants to implement the increase, and that Staff's
recommendation is to implement whatever rates are decided at a single point and
time and not try to phase it in.
Minutes
Regular Council Meeting
September 22, 1987
Page 12
Mr. Bill Cliburn, 411 Rolling Acres Drive, spoke in opposition to the
increase to commercial boats and stated that it is unfair to expect the
commercial boat owners to pay for upkeep of the Marina.
Mr. Sam Allen, 202 Wilshire, stated he served on the Marina Board for two
years. He stated that this is an enterprise zone that must pay its own way; Mr.
Bruner and Mr. Dopson have done an outstanding job of finally making the marina
pay its own way; and if rates have to be raised to maintain a facility, then it
needs to be done.
Mayor Turner inquired if there are any marinas that charge increasing
amounts for slips to people who are not residents, and Mr. Bruner replied in the
affirmative and stated that the City charges $10.00 a month to those who are not
residents of the City. Mayor Turner then suggested an increase in the slip fee
for those who are not residents, and suggested that people who have slips who
have not used them for boats for a year or longer, as a means of encouraging
them to use them or sub -lease them, increasing the amount that they pay.
Council Member Pruet suggested some figures to work with that will result
in an equal percentage increase, a substantial differential and would generate
the same amount of revenue.
In answer to a question from Council Member Rhodes concerning sub -leases,
Mr. Bruner stated that they have to prepay six months; they have to take over
the owner's payments for six months; sub -letting is not illegal, but to do it on
your own without a contract is illegal. He stated that they are not allowed to
charge more and make a profit.
After more discussion, it was the consensus of the Council that more figures
should be presented at next week's meeting.
City Secretary Chapa polled the Council for their votes and the following
were passed:
7. RESOLUTION NO. 19977
AUTHORIZING THE EXECUTION OF A CONTRACT WITH FAIRBAIRN ELECTRIC, INC. FOR
ELECTRICAL SERVICE FOR THE ELECTRONIC MESSAGE DISPLAY CENTER FOR THE
BAYFRONT PLAZA; APPROPRIATING $9,630.
The foregoing Resolution passed by the following vote: Turner, Moss,
Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Berlanga
absent.
10. FIRST READING
RENEWING AND AMENDING A LEASE TO THE CAMPFIRE GIRLS, INCORPORATED OF 21
ACRES OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES FOR A
TERM OF 30 YEARS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
Minutes
Regular Council Meeting
September 22, 1987
Page 13
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Berlanga absent.
11. FIRST READING
AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE SOUTHSIDE
LITTLE MISS KICKBALL LEAGUE FOR THE USE OF 7.08 ACRES OF LAND AT THE
ANDERSON PIT FOR YOUTH SPORTS.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Berlanga absent.
13. SECOND READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 12, BOATS, BAYS AND WATERWAYS,
SECTION 12-61, RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK
SPACE --SCHEDULE AND REGULATIONS, BY INCREASING SLIP RENTAL RATES AND OTHER
FEES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Moss, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Berlanga absent.
* * * * * * * * * * * * * *
Mayor Turner called for consideration of Item Nos. 16 and 19, noting that
17 and 18 will be discussed after lunch.
In reference to Item No. 16 concerning the hotel -motel tax, Council Member
Slavik inquired if the Hotel Association was notified of this, and City Manager
McDowell replied in the affirmative; Staff met with them and they indicated they
would talk with their membership but did not do so. Mr. McDowell noted that the
Convention and Visitors Bureau does support it.
In reference to Item No. 19 concerning the proposed amendments to the City
Code, Chapter 13, Article IV, Excavations, Mr. Fred Heldenfels, 5342 Greenbriar,
stated that this amendment is in regard to an operation that his company is
conducting in Flour Bluff. He stated that one of the concerns of the ordinance
is to preserve the land in the City for appropriate uses. He pointed out that
the Council received copies of his company's operation, and their objective in
conducting the operation and the property owner's interest is that the land be
returned to the use that it now enjoys. He stated that the land will be drained
and some material will be removed; and they are conducting this operation with
Minutes
Regular Council Meeting
September 22, 1987
Page 14
consideration of the effect to the surrounding property owners. He expressed
concern that the amendment to the ordinance might be retroactive, and that they
are conducting their operation in accordance with the existing ordinance.
Mr. Joe Hensler, a Flour Bluff resident, spoke in regard to the same item
and expressed his appreciation to the Council for passing this ordinance.
City Secretary Chapa polled the Council for their votes and the following
were passed:
16. FIRST READING
AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, BY AMENDING
SECTIONS 17-38, SAME - REPORTS, 17-39, SAME - PROCEDURES, AND 17-40 SAME -
PENALTIES, TO PROVIDE FOR MONTHLY REPORTS AND COLLECTIONS, DELETING THE
REFERENCES TO "TAX ASSESSOR AND COLLECTOR," DESIGNATING THE FINANCE
DEPARTMENT" IN LIEU THEREOF, MODIFYING THE PENALTY PROVISIONS AND ADDING
SECTIONS 17-41 AND 17-42 REGARDING PENALTIES, INTEREST AND CRIMINAL PENALTY
ON ROOM OCCUPANCY TAX; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Berlanga absent.
19. FIRST READING
AMENDING CHAPTER 13 OF THE CORPUS CHRISTI CITY CODE BY AMENDING ARTICLE IV.
EXCAVATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Mendez, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and
Pruet voting, "No"; Berlanga absent.
* * * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 2:07 p.m. and
announced a presentation to be made by Council Member Linda Strong.
Council Member Strong explained that there is an organization called the
Waterfront Center in Washington, D.C. which deals with development of
waterfronts. She stated that the organization had presented awards to various
cities for excellence in waterfront activities. She explained the ten
categories included in the awards presentation and provided information on the
selection committee and the method of selection. She stated that the
organization received 109 entries in the ten categories and since she was aware
of the awards to be made, she had approached Mr. Malcolm Matthews, Landscape
Architect with the Parks and Recreation Department, and urged that he present
the Hans A. Suter Wildlife Park Plan as an entry in this contest. She stated
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Regular Council Meeting
September 22, 1987
Page 15
Mr. Matthews had prepared a beautiful entry and the City of Corpus Christi's
Park and Recreation Department was presented an award in the honor category of
the competition. She displayed the certificates which were presented to her in
Washington, D.C. and presented one to Mr. Terry Dopson, Director of Parks and
Recreation Department.
Mr. Dopson stated that Mr. Matthews is on vacation and he accepted the
award on behalf of the Park and Recreation Department.
Council Member Strong presented another copy of the certificate to Mrs.
Hans Suter.
Mrs. Pat Suter, 1002 Chamberlain, expressed appreciation to Council Member
Strong, Mr. Dopson and Mr. Matthews as well as the Pharaoh Valley Neighborhood
Association which was instrumental in establishing the Wildlife Park.
Mrs. Strong then recognized the Pharaoh Valley Neighborhood Association
members who were present.
Mayor Turner requested a copy of the presentation that was submitted to the
Waterfront Center.
Council Member Slavik stated that she understood that there was a lot of
damage that had been inflicted on that particular park and inquired if something
could be done about this.
Mr. Dopson agreed that there is a lot activity which occurs late at night
in the park. He explained that various parks are selected as a meeting place
for some citizens and this is the one that is currently being used for that
purpose. He stated that he was not sure how this could be controlled other than
locking the parking lot late at night.
Council Member Slavik suggested that this problem be presented to the Park
and Recreation Board for consideration.
Council Member Guerrero also suggested that the Council again consider a
curfew for parks.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Ordinances No. 17 and 18 which
were the first readings of ordinances amending the agreements with the barge
restaurants located in the Marina.
Council Member Rhodes questioned why these ordinances were placed on the
Council Agenda. She stated that she had concerns about the reduction in
payments to the City and expressed the opinion that reducing the fees for these
restaurants and giving them credit for their arrears does not seem to be fair to
other businesses. She also questioned the omission of the amount listed in one
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Regular Council Meeting
September 22, 1987
Page 16
of the ordinances, and Mr. McDowell stated that the figure to be entered was
$25,000.
Council Member Guerrero stated that the City Council Members had asked for
this; City Manager McDowell was opposed to it at first; he was concerned about
the renegotiation of the contracts with the restaurants; but evidently some
Council Members urged that this be placed on the agenda.
City Manager McDowell provided a further explanation by stating that he
sent a memorandum several weeks ago to the Council informing them that this
would be on the agenda. He stated that after a meeting was held with the
operators, it became evident that one of the operators would fail completely if
some relief was not provided them. He assured the Council that this is a
decision that they will make, but pointed out that if the fees are not reduced,
these restaurants will go broke and the result will be that these tourist
attractions would no longer be in operation.
Council Member Rhodes pointed out that everybody is experiencing financial
difficulties.
Council Member Strong explained that most of the Council had the privilege
of meeting with one of the operators; she personally was impressed with their
commitment to Corpus Christi and also with the operation of the restaurant. She
stated that the City receives a percentage of their income, and in one case, the
portion that the City takes is all the money that they are making. She stated
that it was her opinion that the two restaurants should be assisted to encourage
them to remain at their location even if it means that the City will receive a
lower percentage of their income. She expressed the opinion that the two
restaurants are needed as tourist attractions.
Council Member Rhodes pointed out that there are many other restaurants in
the City and special treatment should not be given to these two restaurants.
Council Member Pruet stated that there seems to be some concern about how
this information flow was provided the Council and the implication that the
Council was conducting an informal meeting at the Wayward Lady. He explained
that the Council had lunch there one day on an impromptu basis. He pointed out
that the City Council is dedicated to development and to tourism, yet nobody
seems to indicate a desire to retain what is already in place. He noted that
the City has had a severe downturn in the economy, and to continue to require
these two restaurants to pay the same fees seems unfair to them. He reiterated
that these are tourist attractions and he concurred with the contract that the
staff has prepared.
Council Member Mendez stated that the Council was aware that this would be
on the agenda as long as a month ago; he feels that this a good move; several
Council Members suggested that this item be considered; and inquired about the
results if C. C. Dockside decides to move from the City, particularly in
connection with the boardwalk.
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Regular Council Meeting
September 22, 1987
Page 17
City Manager McDowell explained that if they move that restaurant, the
boardwalk could be utilized for other purposes.
Mayor Pro Tem Moss pointed out that these are fees, not taxes, and even for
taxpayers there has been a 5% decrease in valuations. He too stated that these
two restaurants are tourist attractions and inquired if this reduction would
enable the one restaurant to succeed.
City Manager McDowell stated that they feel that these reductions will
allow them to continue to operate and possibly even succeed.
Council Member Rhodes reiterated that these two restaurants are being
singled out for special treatment and referred to the hurricane damage rent
abatement clause included in the contract.
Mr. Bob Bruner, Marina Superintendent, stated that he had a question about
this also but there is a need to establish the time as to when they have to be
reopened after a hurricane. He stated that he included specific terms in the
ordinance so it would be more explicit.
Council Member Slavik stated that she did not attend the luncheon referred
to, but she did sympathize with the owners and the operation of the restaurants.
She inquired of the staff the consequences if the restaurants go out of
business.
Mr. McDowell replied that C. C. Dockside has a 15 -year lease with the City
and there is no provision for them to move their boat. He explained that the
Wayward Lady may be leaving this City to go to another location in Florida. He
stated that staff felt that some relief should be given them to encourage them
to stay here in Corpus Christi. He informed the Council that the reduction
would represent about $30,000 a year in lost revenue; however, one of the
restaurants has not been paying the fees for some time.
Mayor Pro Tem Moss inquired if staff has taken into consideration the
$30,000 reduction in the budget, and Mr. McDowell replied that staff was of the
opinion that the bond might be a good way to handle this situation if the
restaurants should go bankrupt. City Attorney concurred that this was good
protection for the City.
Mayor Turner inquired about the Princess and the Lighthouse Restaurants,
and Mr. McDowell stated the Lighthouse Restaurant does not pay the City a fee
but they will begin paying in November 1/4%. He stated that the Princess does
not pay anything at this time.
Council Member Rhodes expressed the opinion that increases are being made
in slip rentals in the marina to subsidize these restaurants, and Mr. McDowell
pointed out that the City is not receiving the percentage from C. C. Dockside at
this time and noted that this is actually an Enterprise Fund, not the General
Fund. He pointed out that with reduction, the restaurants might possibly be
Minutes
Regular Council Meeting
September 22, 1987
Page 18
saved as well as the jobs associated with their operation. He stated that the
Marina rates would have to be increased anyway.
Council Member Guerrero suggested that the reduction be just for
approximately five years and possibly increase the fees at the end of that time.
Further discussion followed in regard to this matter.
There were no comments from the audience; City Secretary Chaps polled the
Council for their votes; and the following Ordinances were passed on first
reading:
FIRST READING
17. AUTHORIZING THE EXECUTION OF AN AMENDMENT OF BARGE RESTAURANT AGREEMENT
WITH PLEASURE PIER ASSOCIATES, INC., d.b.a. C. C. DOCKSIDE RESTAURANT.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Guerrero, Mendez, Moss, Pruet, Slavik and Strong, voting "Aye";
Rhodes voting "No"; Berlanga absent.
18. AUTHORIZING THE EXECUTION OF A CONTRACT MODIFICATION WITH HASSLOCHER
ENTERPRISES, INC. d.b.a. WAYWARD LADY.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Guerrero, Mendez, Moss, Pruet, Slavik and Strong, voting "Aye";
Rhodes voting "No"; Berlanga absent.
* * * * * * * * * * * * * *
Mayor Turner announced the public hearing on the assessments for the Shade
Chaparral Project which indicates assessments of $39,776.63 on 22 items.
City Attorney George stated that the assessment hearing is being conducted
in accordance with Article 1105b of V.A.C.S. He called as his first witness
Assistant City Manager James K. Lontos and verified that he is a Registered
Professional Engineer qualified to testify.
Assistant City Manager Lontos explained the assessment ordinance provides
that if streets are improved, assessments must be levied for curbs, gutters and
sidewalks if they are more than 30 years old. He explained that the project
will allow for the narrowing of the street to 48 feet, increasing the width of
the sidewalks, the planting of the heritage oak trees in brick planters as
provided by the Junior League.
Mr. Lontos continued by explaining that the expert witness employed by the
City is going to testify that the property will not be enhanced in the amount of
the assessments.
Minutes
Regular Council Meeting
September 22, 1987
Page 19
Mayor Pro Tem Moss inquired about the appearance of the street following
the improvements.
Mr. Lantos explained that the street will be more narrow in that it will be
48 feet wide; there will be two moving lanes of traffic, and he displayed a
transparency showing the construction of the street. He stated that it will be
about four blocks long, and 65 oak trees will be be planted by members of the
Junior League which will provide an attractive entrance to Heritage Park.
Mr. George called as his next witness, Mr. George N. Paraskevas. Through
questioning of the witness, Mr. George determined that Mr. Paraskevas was
qualified as an expert witness due to his experience in real estate appraisals
and as an appraiser for City projects.
Mr. Paraskevas testified that in his opinion, the abutting property will
not be enhanced as a result of these improvements, and he recommended that no
assessments be made.
Mayor Turner expressed concern by stating that, in her opinion, the
planting of the trees would greatly improve the property.
Mr. Paraskevas testified that he is addressing only the installation of
sidewalks and curb and gutters; therefore, in his opinion, since those
improvements are already in place on the abutting properties, they will not be
improved. He continued by stating that the area has deteriorated; there is very
little pedestrian traffic; and in his opinion the trees could be planted without
improving the streets.
Mayor Turner called on those whose property is affected to speak at this
time.
Mr. Dan Davis stated that his father owns some lots on Chaparral, and he
felt that the major reason for improving the street is not to enhance the
property but to provide a tree—lined entrance to Heritage Park. He pointed out
that state law requires that the City must prove that the property owners are
receiving something that they do not now have, yet the property owners already
have sidewalks, curbs and gutters. He agreed with Mr. Paraskevas that the
individual property owners will not benefit from the improvements. He expressed
the opinion that there is a traffic problem already with only two lanes of
traffic, and if these improvements are installed, more traffic will be
generated. He suggested that the street should be widened to three lanes.
Council Member Pruet inquired of Mr. Davis if he did not think his property
was already enhanced by the existence of Heritage Park, and Mr. Davis reiterated
that State law requires that an immediate benefit to the property must be
realized before assessments can be levied. He noted that if there is any
benefit, it would be on a purely speculative basis, possibly in another ten
years, but State law does not allow for this.
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Regular Council Meeting
September 22, 1987
Page 20
Council Member Slavik asked Mr. Lontos about the traffic situation, and Mr.
Lantos stated that he discussed this project with his staff who reviewed the
situation, and none of the staff feels that any more than four lanes two in each
direction, would ever be needed for this portion of the street. He agreed that
if there is a major event at the Convention center, the traffic may be a problem
for a short period of time, but because of the proximity of several other
streets, the traffic on Chaparral should not be excessive. He assured the
Council that after further consideration, he concurs with Mr. Paraskevas'
opinion that the abutting property will not be enhanced.
Mrs. Marie Steurer, 1402 N. Chaparral, stated that she had just spent
$9,000 to improve her property where she now lives and suggested that the street
should not be made more narrow. She expressed the opinion that effective
lighting would be just as attractive as planting trees.
The manager of the Hofbrau Restaurant, located on this portion of Chaparral
Street, agreed with Mr. Lontos that the traffic is not very heavy; the planting
of the trees will provide a beautification of the area; she is in favor of the
project; but she is glad that the City is recommending that no assessments be
made.
Assistant City Manager Lontos stated that an ordinance will be on the
agenda the following week to formally close the hearing and include the finding
that no assessments should be levied.
Several of the Council Members questioned the necessity for this, and City
Attorney George stated that it is required by State law, particularly since
liens have already been filed against the abutting property.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Rhodes and passed unanimously.
Council Member Slavik inquired about the source of funds for this project,
and Mr. Hennings stated that $200,000 was set aside for this project from the
Parking Meter Fund.
* * * * * * * * * * * * *
Mayor Turner called for the Council liaison reports.
Boat Pass - Council Member Linda Strong explained that she had attended a
meeting that day with various groups interested in the boat pass and they had
reached the conclusion that (1) the boat pass is a viable project (2) the permit
process is the next step (3) there should be an engineering study to determine
the true cost of the boat pass without the bridge (4) recognition that the boat
pass itself can happen without the accompanying bridge.
Council Member Strong expressed the opinion that it would he appropriate
for the City to approach Laventhol & Horwath to see if they could provide
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Regular Council Meeting
September 22, 1987
Page 21
information as to what the impact would be to construct the boat pass without
the bridge.
Mayor Turner inquired if Laventhol & Horwath are willing to do this without
additional costs, and City Manager McDowell stated that staff will check with
thew on the cost.
Council Member Strong continued by stating that the estimated $300,000 a
year maintenance cost was excessive if the bridge is not included and the
figures projected were about $1.50 a foot for maintenance which would compute to
between $100,000 and $150,000. She stated that it was her understanding that a
boat pass should not be installed without the maintenance funds being available
initially. Mrs. Strong continued by stating that individuals who were present
at the meeting representing Nueces County indicated that the County is not
interested in constructing the boat pass, nor does the Port of Corpus Christi
feel that that is a part of their activity.
Council Member Rhodes inquired if alternate sites have been considered for
a boat pass, and Mrs. Strong replied that Mr. Homer Innis stated that other
locations had been studied. Council Member Rhodes continued by stating that the
Council had received conflicting reports of the environmental impact and
inquired if this will be included as a part of the engineering study, and Mrs.
Strong stated that she felt that this aspect will be studied as well.
Botanical Gardens - Council Member Slavik inquired as to when the water
line will be started to serve the Botanical Gardens, and Mr. Lontos stated that
it was his understanding that the contracts had been signed and it would be
started sometime this week.
Downtown Revitalization - Mayor Turner provided a report for Council Member
Berlanga. She stated that a group plans to go to San Antonio to study the
Farmer's Market and suggested that if any of the Council Members are interested
in going for a one -day trip that they might contact the Chamber of Commerce.
Economic Development Corporation - Council Member Mendez stated that he had
invited Mr. Berney Seal, who is the citizen liaison person for the Council to
provide a report to the Council.
Mr. Seal informed the Council that FDC is working very hard and doing a
very good job. He informed the Council that the corporation had endorsed
pari-mutuel wagering in Nueces County, because EDC has a commitment to promote
tourism, and pari-mutuelbetting is important for this, particularly if it
should be approved in other areas such as Galveston. He stated that maquiladora
has become a very important word in this City and there are plans to again visit
Nuevo Laredo in connection with the twin plant concept. Mr. Seal also reported
that the membership with EDC is continuing to grow and progress is being made.
Minutes
Regular Council Meeting
September 22, 1987
Page 22
Council Member Pruet inquired if EDC has discussed the possibility of a
reciprocal function to entertain officials from Laredo, and Mr. Seal replied in
the affirmative.
Regional Transit Authority - Mayor Pro Tem Moss stated that he had received
several compliments on the letter Mayor Turner wrote in regard to the low
attendance at RTA meetings.
* * * * * * * * * * * * *
City Manager McDowell presented to the Council the policy statements of the
Comprehensive Plan which was recently adopted. He stated that all phases will
be completed by December of 1989.
* * * * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on
matters not scheduled on the agenda.
Mrs. Dierdre Norton, Chairman of the Corpus Christi Library Board,
expressed appreciation to the Council and Mary Rhodes for allowing the Library
Board to appoint ad hoc committees. She also expressed appreciation to City
Manager McDowell who took the time to conduct a comprehensive tour of the Public
Library.
Mayor Pro Tem Moss inquired about the automated system, and Mr. Hennings
stated that it will be in use in January at the Central Library and in June or
July throughout the Library system.
Council Member Rhodes requested that Dierdre Norton be allowed to make a
five-minute presentation at the Council Meeting next week at 2:00 p.m., and the
Council indicated their concurrence.
Mr. Jesse Smith, 122 Riverdale Drive, referred to the new VA facility and
the dedication ceremony conducted last Saturday. He stated that the facility is
operating much more efficiently than in the past and he was able to accomplish a
great deal on his one visit to the facility.
There being no further business to come before the Council, on motion by
Council Member Mendez, seconded by Council Member Pruet and passed unanimously
the meeting was adjourned at 4:00 p.m. September 22, 1987.
* * * * * * * * * * * * *
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of
September 22, 1987, which were approved by the City Council on September 29,
1987.
WITNESSETH MY HAND AND SEAL, this the
Betty Tujler, MAYOR
I h`'' day of O 1 1 t7
Armando Chapa, City Secret
City of Corpus Christi