HomeMy WebLinkAboutMinutes City Council - 10/06/1987PRESENT
Mayor Betty Turner
Mayor Pro Tem Clif Moss
Council Members:
David Berlanga, Sr.
Leo Guerrero *
Frank Mendez
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong *
7
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 6, 1987
9:00 a.m.
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
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 Council Member Pruet.
City Secretary Chapa advised the Council that Council Member Strong had
called in to state she would be late because of attendance at another City
related business meeting.
A motion was made by Council Member Berlanga that the Minutes of the
Regular Council Meeting of September 29, 1987 be approved as presented; seconded
by Mayor Pro Tem Moss and passed unanimously.
Mayor Turner read a Proclamation designating the month of October as
"National Aids Awareness and Education Month." She acknowledged Ms. Sylvia
Ostos who introduced members of the Coastal Bend Community Task Force.
Mayor Turner read a Proclamation proclaiming October as "National Restaurant
Month" and "Texas Restaurant Month." She acknowledged Mr. Dee Haven, President
of the Restaurant Association, who presented complimentary tickets to the
Council for the annual "Taste of Corpus Christi."
Mayor Turner read a Proclamation designating October 3 - 10, 1987 as "Be
Aware, 1987 - Disability Awareness Week." She acknowledged Ms. Barbara Lamb of
the Parks and Recreation Department who introduced people affiliated with the
program for the disabled.
Mayor Turner read a Proclamation designating the month of October as
"National Crime Prevention Month." She recognized Chief Robert Olson and
Commander Otis B. Bell who introduced members of the Corpus Christi Police
Department.
MICROFILMED
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* Council Member Leo Guerrero arrived at 9:13 a.m.
* * * * * * * * * * * * *
Mayor Turner referred to the Board and Committee Appointments.
following appointments were made by the Council:
* Council Member Linda Strong
Municipal Arts Commission
Gabriel Rivas, III
Riley Albertson
Jane Batterson
Kay Jackson
Bryan Barrows
Aurora Williams
Connie Freeman - Advisory
Nelwyn Anderson - Advisory
Museum Advisory Board
Ronald Bradley
Ben Vaughn
Mayor Luther Jones
Captain Robert Bell
arrived at 9:41 a.m.
Sister City Committee
Ted Schoenberg - Gen. Chairman
Lois Wilder
Joe Morales
Thomas Tao
Ralph Diaz
Alma Meinrath
M. Loraine Roberson
Patty Nuss
Glen Kost
Gilbert Casares
David Castillo
Human Relations Commission
Maury Wolfson - Advisory
Nueces County Tax Appraisal District
Victor Penuel, Jr. Corpus Christi Reg. Transit Authority
Dr. Kate Halton
Claudio Herrera
The
Mayor Turner called for consideration of Consent Motions 1 thru 5, noting
that Items 4 and 5 will be withheld for discussion.
1.
M87-0327
Approving a supply agreement for magnesium anodes to Global Cathodic
Protection based on low bid for an estimated annual expenditure of $51,837.
The term of this agreement will be twelve months, with 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 by the Gas
Division.
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2. M87-0328
Approving a supply agreement for wiping rags to Goodwill Industries of
South Texas based on low bid meeting specifications for an estimated annual
expenditure of $11,200. The term of this agreement will be twelve months
with 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 by various departments.
3. M87-0329
Approving the purchase of 1700 feet of 16" C-900 poly vinyl chloride pipe
from Industrial International, Inc. based on the low bid of $20,978. This
pipe will be used by the Wastewater Division for replacing a force main
from the Wood River lift station.
4. M87-0330
Approving contracts with ANMP, Inc. for mowing of 19 undeveloped parks,
E.F. Anthony for mowing of seven undeveloped parks, and Bee Line Mowing for
mowing of one undeveloped park for the period October, 1987 through July,
1988.
5. M87-0331
Approval of the recommendation of the Bond Task Force.
A motion was made by Council Member Slavik to approve Motions 1 thru 3;
seconded by Mayor Pro Tem Moss and passed unanimously.
In reference to Item No. 4 concerning a supply agreement for mowing
undeveloped parks, Mayor Pro Tem Moss requested an explanation of this item, and
City Manager McDowell stated that this is part of the privatization program. He
stated that it will be a substantial savings to the City by going outside.
Mayor Turner inquired if it is possible with contracts like this to give
the disabled community a chance to submit bids, and City Manager McDowell
replied in the affirmative.
In answer to a question from Mayor Pro Tem Moss about the amount of
savings, City Manager McDowell stated that Staff had considered cost in terms of
maintenance and the cost in the past.
In reference to Item No. 5 concerning the recommendations of the Bond Task
Force, Mayor Turner requested Council Member Mendez to give a brief overview of
the report of the committee.
Council Member Mendez stated that the report was presented to the Planning
Commission and they unanimously approved the recommendations of the Task Force as
submitted. He stated they had some valid concerns regarding the aquarium which
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should be moved forward as fast as possible in acquiring the necessary land for
this very important project. He stated another concern not included in the Task
Force recommendations is the Leathers Area Drainage Project which should be
considered in the 1988 Community Development Block Grant Program.
Mr. Mendez stated that the 1986 Bond Program does include $1.5 million for
a Public Safety Communications System, and a consultant has recently been hired
to review and make recommendations. He stated that since the consultant is not
scheduled to complete his review of the current system for two months;
therefore, making it presently impossible to determine what will ultimately be
required, the Task Force recommends $150,000 from the pre -1986 bond fund
carryover be allocated to make interim improvements.
Mayor Turner noted that the radio system needs to be upgraded and improved
and noted that the Police Chief has appointed a Task Force who will be working
with the consultant to assess the needs of the Police Department.
Mayor Pro Tem Moss expressed appreciation to the members who contributed to
the Task Force, and in reference to the communication system, he noted that the
consultant is working on it and perhaps just simple things have to be done which
can be done immediately at a very low cost.
Council Member Pruet expressed appreciation to the staff and the private
sector of the committee. He stated that in discussions with Chief Olson, there
are significant improvements that can be accomplished inexpensively to improve
the radio system.
Council Member Rhodes referred to the September 8 memo to the Council and
inquired about the source of other funds, and City Manager McDowell stated that
this is in the detailed listing on the second page of the September 8 memo.
Council Member Rhodes inquired if any of this is general revenue money, and
City Manager McDowell replied that it is not.
Assistant City Manager Lontos stated that a new sanitary sewer treatment
plant is to be built on the south side of Corpus Christi at a future date;
adequate acreage must be acquired not only for the plant site but also to buffer
the plant against future development; and supplemental funds provide for a site
selection study. Mr. Lontos stated that the total cost will be $3M.
Council Member Slavik inquired about the date the study will begin, and
City Manager McDowell replied after the first of the year.
Council Member Slavik referred to the relocation of wastewater
lines/channel crossing and inquired if the port will reimburse the City for this
expense, and Mr. McDowell replied the City will not receive a reimbursement on
that, and that the port has indicated that would be the City's proportional
share.
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In answer to a question from Council Member Slavik, City Manager McDowell
stated that the $150,000 from the pre -1986 bond fund carryover will be put back
for the relocation of Fire Station 1/1.
A motion was made by Council Member Mendez to approve Motions 4 and 5;
seconded by Council Member Rhodes and passed unanimously; Strong absent at the
time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings, and Council Members requested that Items
7, 9, 11 and 14 be withheld for discussion.
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
6. RESOLUTION NO. 19998
APPROPRIATING $4,050 FROM THE 205 WATER SYSTEMS BOND FUND FOR APPRAISAL
SERVICES BY THOMAS F. DORSEY IN CONNECTION WITH THE I.H. 37 UTILITY
ADJUSTMENTS PROJECT TO BE 100 PERCENT REIMBURSED BY THE STATE DEPARTMENT OF
HIGHWAYS AND TRANSPORTATION.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8. ORDINANCE NO. 20000
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: South
Padre Island Drive, S.H. 358 - from 0.5 miles North of the Airport Ditch to
South of State Highway 44; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF
PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the forgoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes,
Slavik and Strong voting, "Aye."
10. FIRST READING
CHANGING THE NAME OF CAMRON STREET TO BATES DRIVE.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
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12. ORDINANCE NO. 20001
AUTHORIZING THE EXECUTION OF A CONTRACT WITH AMLOCK, INC. FOR THE PLACEMENT
OF SELF-SERVICE PARCEL LOCKERS AT THE AIRPORT.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
13. ORDINANCE NO. 20002
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 third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
In reference to Item No. 7 concerning the Principal Arterial Street System
Improvement Project (P.A.S.S.), Mayor Pro Tem Moss referred to the meeting in
Austin, and that a Dallas City Council Member recommended that the Commission
consider more signalization as isolated parts of the PASS Program. He stated
that he concurred with the recommendation. Mr. Moss continued by stating that
on behalf of this program, the City is being considered for $3M a year for five
years, and that if we received 10 percent for signalization that would be $1}M
over five years and would give Corpus Christi a state of the art traffic signal
system.
Council Member Mendez stated that the Task Force agreed with Mayor Pro Tem
Moss' recommendation concerning the signalization and that part of moving
traffic within the City would be the same as making the improvements to streets
if the City did the signalization.
Mayor Pro Tem Moss stated that two prime examples are Baldwin and Staples
and that maybe construction is not necessary, only improvements, and that those
are good cross-town arteries that cross the City that could be better utilized
if the signalization system were improved.
Council Member Strong noted that last week she asked the question about
whether the list indicated a priority, and her concern was that those three
projects that were funded with the bond program were listed as Staff priorities
at that time. She stated that if she read the list correctly, there are
non -bond projects listed as priorities over bond projects, and she inquired how
that was arrived at.
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Council Member Mendez replied that the committee did not prioritize them in
any way, and City Manager McDowell replied when the Bond Committee Task Force
discussed them, they felt that we should pursue all of those but that it did not
necessarily indicate a priority on the part of the City.
Council Member Mendez stated that was the intent of the committee and the
Staff that they are not necessarily in priority order. It is just a matter that
as these projects come forth, if we have a commitment with the Highway
Department, that those projects will take priority over another.
Mayor Turner referred to the figure of $3M a year for a five-year project
and inquired if the figure has been confirmed, and City Manager McDowell replied
it has not been confirmed yet; that is the rough calculation; they still have to
finalize the program; but it is in that vicinity.
In answer to a question from Council Member Strong, City Manager McDowell
stated that the intent is not necessary to have it a priority; those are
projects that Staff feels are eligible for the PASS Program in conjunction with
their discussions with the Highway Department. He stated that they are not
listed on the sheet in order of priority.
In reference to Item No. 9 concerning Approval to Increase the Fee for Tax
Certificates, Council Member Rhodes inquired about charging the full $10 instead
of $7, and City Manager McDowell stated the Council has the authority to charge
$10 and that Staff tried to set the fee according to the anticipated costs.
A motion was made by Council Member Rhodes to amend Item No. 9 from $7 to
$10. The motion was seconded by Council Member Strong and passed unanimously;
Guerrero and Pruet absent at the time the vote was taken.
In reference to Item No. 11 concerning an amendment to Chapter 6 - Animal
Control Ordinance, Council Member Slavik stated that the City needs to implement
the leash law in addition to passing this ordinance.
City Manager McDowell stated that the City currently has a leash law and
sometimes it is difficult to enforce, but that when violations are observed, it
is enforced.
Council Member Berlanga stated that he wished something could be included
in the ordinance related to sanitary conditions, and referred to complaints he
has received concerning large dogs kept in a small space.
City Manager McDowell noted that there is a state statute on that but the
City does not regulate the size of the dog to the size of the space it is kept
in. He stated it can be reported to the Humane Society or Animal Control.
In answer to a question from Mayor Pro Tem Moss, Mr. McDowell stated this
is a change in the state law to deal with this particular issue; the City is
conforming its statutes to comply with state law; and it is recommended by the
Animal Advisory Board.
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Council Member Mendez stated this is an important issue, and it is a
problem in some areas of the City. He expressed the opinion that once it is
passed, the Hispanic media stations should be allowed to pick up on this so that
they can inform people because there is going to be a fine involved.
Discussion followed and City Attorney George stated this ordinance
addresses vicious dogs that are outside an enclosed compound that are outside
your house; the dogs that are loose on the streets are the ones that have to be
controlled; and that this does not refer to a dog that is in a backyard or a
house.
Council Member Guerrero stated that one of the problems is there is not
enough enforcement of what is on the books now, and that we don't know what the
ramifications are until we start enforcing this. Mr. Guerrero requested a copy
of the state statute before the next reading of the ordinance.
Dolores Salazar, a Corpus Christi resident, spoke in opposition to the
ordinance. She stated that she keeps her dogs for protection and she will not
be able to pay for insurance for dogs.
In reference to Item No. 14 concerning proposed amendments to the City
Code, Chapter 13, Article IV, Excavations, Mr. Fred Heldenfels, 6322 Boca Raton,
stated that his company would like to see an ordinance that is more concerned
with end use of the land, and the end use of the property and its conditions
following the excavation activities. He stated that Heldenfels Brothers objects
to the proposed amendments to the City's code regulating excavations as
currently written, and he gave a brief summary of the objections and his
recommendations.
Mr. Heldenfels stated representatives of his company met with the
neighborhood residents in Flour Bluff and discussed their concerns. He stated
that he has no opposition to insuring that a shallow excavation will not occur a
second or third time. He continued by stating that on advice from his attorney,
he is requesting specific exemption for prior activities.
Council Member Strong noted that she proposed the amendment to the
ordinance because of a loophole in the law that does not give the City the
opportunity to supervise or be notified of minor excavations. She stated that
two questions need to be resolved, one being the end result of the property; and
two, what constitutes a business use in a residential area.
Mrs. Strong expressed concern that there should be a notification procedure
and that people have a right to express their objections to excavations taking
place in residential areas. She noted that excavations do not come to the
Council, and inquired if the Planning Commission is the deciding body for
excavation permits, and City Manager McDowell replied in the affirmative but
with the right of an appeal to the City Council.
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Mrs. Strong inquired if the new ordinance will be dealt with in the same
way at the Planning Commission level, and City Attorney George replied in the
affirmative; when you apply for a permit, that application is heard by the
Planning Commission; the Planning Commission would grant a permit; it is
forwarded to the Department of Engineering for monitoring, regardless of the
depth, with the right to appeal to the City Council.
Council Member Strong inquired about a time limit when a request for
excavation has been made, and City Manager McDowell stated it would be handled
like anything else, and that there would be sufficient time for those concerned
to voice their concerns to the Planning Commission.
Mrs. Strong proposed that the ordinance be amended to specifically state
that the grandfather clause is in effect, and it will not have an effect on
previous excavations.
City Manager McDowell stated it does not become effective until it is
passed, and it would not be retroactive; and City Attorney George said, in his
opinion, it would not apply to an existing excavation.
Mrs. Strong made a motion that this is not a retroactive ordinance;
seconded by Council Member Slavik.
Council Member Rhodes expressed the opinion it is a well-written ordinance,
and the Council needs to support it and not destroy it.
Council Member Guerrero expressed concern that the intent of the
neighborhood in Flour Bluff was to use the Council as leverage, and if there was
not a lawsuit pending, he would not see a problem in passing it. He then made a
motion to table the third reading until after the lawsuit has been resolved
within the courts. The motion was seconded by Council Member Pruet and passed
by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and
Slavik voting, "Aye"; Rhodes and Strong voting, "No."
City Secretary Chapa polled the Council for their votes and the following
was passed:
7. RESOLUTION NO. 19999
ADOPTING THE LIST OF PROJECTS TO BE SUBMITTED FOR CONSIDERATION BY THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PRINCIPAL
ARTERIAL STREET SYSTEM PROGRAM.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye."
9. FIRST READING
AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, BY AMENDING
SECTION 17-33, CHARGE FOR TAX CERTIFICATES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
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The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
11. SECOND READING
AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO PRESERVE THE INTEGRITY OF
THE PRESENT ANIMAL CONTROL ORDINANCE AND TO IMPLEMENT THREE NEW STATE
STATUTE, PENAL CODE CHAPTER 42, SECTION 42.12, AND CHAPTER 18, CODE OF
CRIMINAL PROCEDURE, ARTICLE 18.182 , RELATING TO OWNING OR KEEPING A
VICIOUS DOG, AND DESTRUCTION OF CERTAIN DOGS CAUSING DEATH OF A PERSON AS
SUBJECTS OF ARTICLE 192-4, TEXAS REVISED CIVIL STATUTES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye";
Guerrero, Moss voting, "No."
14. Withdrawn
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EXGAVATI9N�--110VID N9-FOR-EEVERABLITYp-PROVIF4NG-E9R-PUBb49AT;0Nr
* * * * * * * * * * * * *
In reference to Item No. 15 concerning the fees for C.C. Dockside And
Wayward Lady Restaurants, Council Member Berlanga made a motion to reconsider
the action taken on second reading of ordinances reducing fees for C.C. Dockside
and Wayward Lady Restaurants. The motion was seconded by Council Member Pruet
and passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez,
Pruet, and Slavik voting, "Aye"; Strong absent at the time the vote was taken;
Rhodes voting, "No."
In reference to Items 16 and 17 concerning the contracts for the C.C.
Dockside and Wayward Lady Restaurants, Council Member Berlanga stated that he
has been accused of being under pressure and changing his mind, but that is not
the case. He read excerpts from the minutes of the previous Council Meeting
at which time he made a motion to postpone the second reading until the Staff
could do more research on the matter, and also where he stated five years was
too long a lease. Mr. Berlanga stated that based on new information he has
received, he will support a three-year contract because there are local
investors involved and several jobs are at stake.
Mayor Pro Tem Moss stated that last
but since then has done more research. He
this as the City acting as a landlord and
tenant in hard times. He requested the
present a sliding scale based on volume
volume were increased the percentage that
and this would be equitable to both sides.
week he voted against the ordinance,
stated that the City should think of
the landlord has a right to help his
Staff, prior to the third reading,
by revenue. He stated that if the
the City charges would increase also,
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Council Member Guerrero inquired whether the City has any other joint
ventures with similar operations within the City. He stated he is concerned how
many businesses have gone under because of bad times that were in partnership
with the City and could sue the City because the City did not do the same thing
for them. He inquired about the possibility of a deferral in lieu of an
abatement with a pay -back at a later time.
City Manager McDowell stated that Staff felt that in discussions with the
entities involved, one restaurant would probably not be in a position to
substantially recover and felt an abatement would be a better approach.
Council Member Rhodes stated that she is not opposed to all public/private
partnership deals if she thought there was a substantial amount of public good
involved. She stated that she did not know what the public good in supporting
these restaurants is, and if the answer to that is they are a tourist attraction,
then she did not understand why they are raising the fees for the slips because
they are at least as much of a tourist attraction.
Council Member Slavik pointed out they are lowering the restaurant fees and
raising the boat fees at the same time, and stated it is bad timing. She noted
the restaurants have the prime locations in the City and expressed concern that
the City is throwing good money after bad, and that maybe there is not enough
effort being put into trying to make those operations financially sound. She
also stated that she thought five years is too long a contract, and that she
preferred a one-year contract.
In answer to a question from Mrs. Slavik about a three-year contract, City
Manager McDowell stated that the Staff felt that within a year's period of time,
they would not be able to recover, and Staff does not expect a full economic
recovery in one year.
Council Member Berlanga referred to the taxes from the restaurants which
have not been reduced; the City is still receiving money; the reduction in the
fees will make a difference; and if it does not, the City has done its part.
Council Member Pruet stated that he hoped the Council would consider three
things: 1. They talk about economic development, and a significant part of
economic development is assisting existing businesses to enable them to continue
in business; 2. The Council's stated commitment in support of tourism; and 3.
The Council has made a commitment toward revitalization of downtown and that
anything that brings people downtown will support the revitalization.
Mayor Pro Tem Moss pointed out that in case things don't go well, the City
will be in a better legal position with this ordinance to keep a defunct
business from remaining on the Bayfront.
A motion was made by Council Member Berlanga to amend the two agreements
from a five-year term to a three-year term. The motion was seconded by Mayor
Pro Tem Moss.
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Council Member Mendez inquired if the term is shortened from five years to
three years, if it would eventually go the full four percent, and City Manager
McDowell replied in the affirmative.
The above motion passed by the following vote: Turner, Moss, Berlanga,
Guerrero, Mendez, Pruet, Strong and Slavik voting, "Aye"; Rhodes voting, "No."
There were no comments from the audience on this item.
City Secretary Chapa polled the Council for their votes and the following
were passed:
16. SECOND READING
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 second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Strong and Slavik voting,
"Aye"; Rhodes voting, "No."
17. SECOND READING
AUTHORIZING THE EXECUTION OF A CONTRACT MODIFICATION WITH HASSLOCHER
ENTERPRISES, INC. d.b.a. WAYWARD LADY.
The foregoing Ordinance passed on second reading by the following vote
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Strong and Slavik voting,
"Aye"; Rhodes voting, "No."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 18 concerning the Marina
Fee Schedules, and City Manager McDowell gave a brief explanation of Revised
Option lit which is acceptable to the Marina Board.
Council Member Strong inquired if the users of the marina can afford for
the City to make it an enterprise zone, and if this is an affordable proposition
over the next ten years, and City Manager McDowell replied in the affirmative.
Mrs. Strong inquired about what the administrative charges of the marina
cover, and Mr. McDowell replied the overhead of the Marina Superintendent and
his staff. He stated that Staff proposes that the marina as an enterprise fund
be self-sufficient.
Council Member Slavik expressed the opinion that she favors revised Option
ll2 and noted that these rates will be reviewed annually at budget time using the
CPT guidelines.
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Mrs. Denise Polinard, 4701 Andover, spoke in opposition to the increase and
passed out information to the Council which she read aloud to the audience. She
summarized by stating that the people who rent slips in the marina cannot bear
the cost of marina operations and administration and still be able to pay for
all improvements within the marina, especially if the larger portion,
approximately 500 pleasure craft, are not willing to help shoulder the load by
making the rate more uniform.
Others speaking in opposition of the increase were: Mr. Bill Darby, 626
John Lee, a pleasure boat owner; Mr. Max Franklin, 921 Parkwood, a shrimp boat
owner; Ms. Mary Lou Huffman, a pleasure boat owner, stated the proposed fees are
an outrage and recommended a reorganization in the marina; Mr. George Polinard,
4701 Andover, stated none of the proposals are acceptable to them, and that they
will have to leave the marina if the rates are raised; and Mr. Roger Wright,
6117 Beechwood, Chairman of the Coastal Bend Boaters Association, stated they
are not looking for a free ride; they will go along with a rate increase, either
the original endorsed plan or an across the board increase of ten percent for
the next three years.
In answer to a question from Council Member Mendez, Marina Superintendent
Bruner stated that two-thirds of the funds generated from the rental from the
Wayward Lady goes into the marina and one-third goes into the general fund;
those from C.C. Dockside go in total to the marina; and they are in fact tenants
of the marina. He stated that the diminished revenues have already been
calculated in the propositions.
Ms. Dolores Salazar, Corpus Christi, and Mr. Jerry Armstrong, 204 Carmel,
Portland, spoke in opposition to raising the rates.
Mr. Ervin Strong, 215 Bridgeport, stated that he believed every boat owner
in the marina ought to be paying their fair share; and taxpayers ought to share
some of the burden to make the marina self-supporting.
Also speaking in opposition to the rate increase were Mr. Jason Luby,
former mayor, who requested that this item be tabled for further study; Mr.
Bill Cliburn, 411 Rolling Acres Drive, a shrimper; Mr. Paul Ola, 3810 Holly, a
shrimper; Mr. Frank Hankins, 721 Crestview, Mr. Paul Sissamis, 5049 Cascade, who
also spoke in opposition to the parking on the T -head; and George Staples, Fort
Worth, who objected to the $10 surcharge for residents outside of Corpus
Christi.
Council Member Strong stated that the marina has 500+ slips and a very
small percentage of the community utilizes the boat slips. She referred to
enterprise zones and stated she did not see any option but to raise the boat
rates to pay for the expenditures that are going to be necessary in the marina.
She stated she supported revised option #2 which is basically a fifty percent
increase across the board for pleasure and commercial boats. Mrs. Strong
recommended that the City not start collections until March of 1988.
.nutes
.egular Council Meeting
October 6, 1987
Page 14
Council Member Mendez expressed the opinion that the rates that are being
proposed are fair for everyone concerned. He also recommended revised option 112
and concurred with Mrs. Strong about increasing rates in March.
Council Member Rhodes stated that her problem is not if the boat owners can
support the marina, but who is going to pay for it; the City is facing a large
deficit; there is no money in the City general revenues to support the marina;
and if the marina does not support itself, then we are not going to have a
marina. She stated that this year the City does not have the choice, and stated
she will support revised option 112 and the delay until March.
Council Member Pruet expressed the opinion that he liked revised option 112.
He stated the rates are uniformly applied, and there is no preferential
treatment.
Council Member Slavik stated she preferred revised option 112 because it is
the most equitable and that she concurs with the delay. She stated that she was
against option 111 because it was unjust to the commercial side.
Mayor Turner stated she will support revised option 112. She pointed out
that slip rental fees have not been increased for four years; the City is facing
a serious monetary shortfall over the next year; and the City has no option but
to increase the slip rental fees to allow the City to maintain the slips
properly.
A motion was made by Council Member Strong to amend the ordinance to
revised option 112 with a delay until March of 1988 to begin collection of the
new rates. The motion was seconded by Council Member Pruet.
Discussion followed and City Manager McDowell pointed out that there are
two other items for Council consideration relative to this matter; one, the
charge for out-of-town boat owners; and two, a change in the provisions for
slips that are empty for more than four months. Mr. McDowell noted that it is
Mr. Bruner's recommendation that the charge for out-of-town slips be $20.00 a
month, and any slip that is vacant for more than four months be subject to
termination of the lease.
The above motion passed by the following vote: Turner, Moss, Berlanga,
Mendez, Pruet, Slavik and Strong voting, "Aye"; Rhodes voting, "No"; Guerrero
absent at the time the vote was taken.
Council Member Rhodes made a motion to approve the recommendations of an
increase to $20 a month for out-of-town residents, tenants who do not occupy
their slips for a period over four months should be terminated; tenants be
allowed to sublease their slip for a period not to exceed six months, and that
no more than two consecutive subleases be allowed. The motion was seconded by
Council Member Mendez.
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.egular Council Meeting
October 6, 1987
Page 15
In answer to a question from Council Member Strong, Mr. Bruner stated that
the rate in the ordinance at the present time for out-of-towners is $10 per
month and that they doubled the rate and came up with a $20 fixed rate instead
of a percentage.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
18. ORDINANCE N0. 20003
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 third reading as amended by the following
vote: Turner, Moss, Berlanga, Mendez, Rhodes, Slavik and Strong, voting "Aye"
Guerrero and Pruet absent at the time the vote was taken.
* * * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Danny Polinard spoke in opposition to the new marina rates and stated
that he thought the above item needed more consideration.
Mr. Polinard
raising rates for
increase rates at
be detrimental to
expressed the opinion that the Council had made a mistake in
shrimpers and asked the Council to reconsider their action to
the marina by 50 percent. He noted that this increase would
all businesses, including his surrey business.
City Secretary Chapa referred to the marina rate ordinance and informed the
Mayor that the motion made to support the increase to $20 a month of the boat
owners from out of town and to include the limitation of four months for
retention of an empty boat slip had not been voted upon.
Council Member Rhodes repeated her motion to include the above items in the
ordinance. The motion was seconded by Council Member Mendez and passed
unanimously by those present and voting.
Mr. George Polinard
increases approved would
He expressed the opinion
Mr. Wright spoke
re-examined, noting that
lost revenues.
addressed
make this
that there
again and
the change
the Council again and stated that the rate
marina higher than any other in the state.
will be a mass exodus from the marina.
suggested that the entire ordinance be
of starting date to March would result in
nutes
.egular Council Meeting
October 6, 1987
Page 16
Mrs. Dolores Salazar informed the Council that the prime season for
shrimpers is from August to December; extending the beginning date to March will
not improve their situation; and suggested more study by the City Council.
Ms. Mary Lou Huffman expressed the opinion that with this ordinance, the
marina will be killed and that the boat owners should not have to pay for the
marina because it is a tourist attraction. She informed the Council that some
of the boat owners are considering employing an attorney to bring action against
the City for the ordinance passed today.
Mr. Paul Sissamis noted that in Rockport and Aransas Pass, slip rentals are
much less than in Corpus Christi. He pointed out that the large companies are
decreasing their payroll, yet all of the governmental entities are increasing
taxes and fees. He suggested that salary decreases be considered for City
employees. He pointed out that the marina is not just for boat owners but for
the enjoyment of all citizens and visitors, and the boat owners should not have
to totally support the marina.
* * * * * * * * * * * * * * *
Council Member Strong registered a complaint about the handling of her mail
by the City Secretary's office, specifically an invitation that had been
received on Friday for an event for Monday evening which she was unaware of.
Mayor Pro Tem Moss stated that he had received a call from a power boat
owner who had informed him that the cost of gasoline is greater at the City's
marina than in other marinas. He inquired if the City could regulate the
prices, and City Manager McDowell explained that gasoline is sold from the
T -head marina facility which is privately owned.
City Manager McDowell pointed out that the marina rates adopted will only
support the actual marina, and the parks and other facilities are supported by
the Park and Recreation Department and the streets are maintained by the Street
Division.
There being no further business to come before the Council, on motion by
Council Member Strong, seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 1:05 p.m.
* * * * * * * * * * * * *
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
October 6, 1987, which were approved by the City Council on October 13, 1987.
WITNESSETH MY HAND AND SEAL, this the / 3 F=
day of "VLvv- /5d'7
Armando Chapa, City Secretary
City of Corpus Christi
etty Tu(jner, MAYOR