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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 nute's .egular Council Meeting October 6, 1987 Page 2 * 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. flutes .egular Council Meeting October 6, 1987 Page 3 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 inutes ..egular Council Meeting October 6, 1987 Page 4 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. nutes _.egular Council Meeting October 6, 1987 Page 5 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." inutes ,tegular Council Meeting October 6, 1987 Page 6 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. nutes ..egular Council Meeting October 6, 1987 Page 7 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. .nutes ..egular Council Meeting October 6, 1987 Page 8 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. nutes egular Council Meeting October 6, 1987 Page 9 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. nutes egular Council Meeting October 6, 1987 Page 10 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 AMEHBING-CHAPTER-3-9E-THE-99RPUS-GHRIETI-9TY-G0DE-BY-AMENDING-ARTICLE-V-r 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, nutes .egular Council Meeting October 6, 1987 Page 11 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. nutes _.egular Council Meeting October 6, 1987 Page 12 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. inu t eo ..egular Council Meeting October 6, 1987 Page 13 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. nutes .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