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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 - Minutes 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 1inutes 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 Minutes 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. Minutes 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. Minutes 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 inutes 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