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HomeMy WebLinkAboutMinutes Watershore And Beach Advisory Committee - 09/08/1994 MINUTES • WATER/SHORE ADVISORY COMMITTEE SEPTEMBER 8, 1994 MEMBERS PRESENT: Frank Beck, Robert Blackmon, Quenten Cook, Chairman, Ramiro Gamboa, Virginia Henderson, Roy Lehman, Vic Menard, Patricia Suter and Randy Thompson. STAFF PRESENT: W. Thomas Utter, Director of Development Services, Malcolm Matthews, Director of Park&Recreation, SiSu Morris, Marina Superintendent, Alison Gallaway, Assistant City Attorney and Benita Brunner, Marina Administrative Aide. CALL TO ORDER: Chairman Cook called the regular meeting of the Water/Shore Advisory Committee to order at 5:00 p.m. in the Council Chambers at City Hall. ACTION ON MINUTES: The motion was made by Mr. Menard, seconded by Mr. Beck, to approve the 8/4/94 Minutes as presented. The motion passed unanimously. ACTION ON ABSENCES: The motion was made by Mr. Thompson, seconded by Mr. Menard, to excuse Mr. Gamboa's absence from the 8/4/94 meeting. The motion passed unanimously. COMMITTEE REPORTS: Dr. Lehman reported that Shiner Moseley received the JFK Causeway contract. They will probably begin six months of intensive sampling in October and the samplings will lead to an environmental impact statement required by the federal government. He also reported that The Center for Coastal Studies received the living resource grant for the NEP. Mr. Beck reported that the ordinance review subcommittee has made some progress and expects to make a presentation to the Committee in a couple or three months. Ms. Morris stated that, prior to presenting the ordinance revisions to the City Council, they will require staff review and input from the Police, Risk Management and Legal Departments and their advisors to insure City agreement and enforceability. DIRECTOR'S REPORT: Mr. Matthews advised the Committee that the Lighthouse Leases will need to addressed last agenda item as staff is still working on them upstairs. He stated that, although it is not the desirable method, the Committee will be given time to read and consider the leases so members can discuss and vote on the leases which are scheduled to be addressed by the City Council on September 13th. Ms. Morris reported on the following: (1) implementing the marketing plan to include a brochure, video, boat show participation, tenant surprises, etc.; and (2) pier replacement project slowed due to design changes to make things right when modifying specifications from a fixed to a floating pier. The consultant has requested electricity upgrading which has also involved CP&L in order to adequately service the new piers. All the kinks should have been worked out once Piers A and B are completed so that Piers C and D can be completed without delay. SCANNED Water/Shore Advisory Committee Meeting Minutes 2 September 8, 1994 Mr. Matthews reported that Nathan Clark addressed the City Council regarding his feelings of unfair competition by the water taxi. The RTA has responded to his remarks, explained their current plans to the Council and agreed to work with Mr. Clark regarding his concerns. UPDATE ON CITY'S COASTAL ZONE MANAGEMENT PLAN: Brandol Harvey, Director of Planning, reported that the City's adopted beach access and dune protection regulations are being revised based on comments from the State. The regulations apply to those seeking a building permit from the City (beachfront construction certification) on properties within 1,000 feet of or up to the first public road of the Gulf Beach. Developers are basically required not to restrict public accessibility to the beach. Plans similar to those adopted by the City to provide and/or increase beach access, have been found unconstitutional in other cities. The Legal Department is researching how far the plan can go in determining City and developer responsibility in paying for or providing land for parking and beach access. The City's intent is to continue to increase public accessibility as well as preserving what is currently available and required by the State. While the park dedication ordinance may seem most logical at this point, it may not be feasible. The City's intent is still to provide more public parking. The City does not see pursuing the restriction/ prohibition of vehicular movement in front of the seawall anytime in the near future. DISCUSSION ITEMS: Establishing Safe Zones for Personal Watercraft Accessing City Waters from Public Property - Ms. Morris reported that the Committee first addressed this issue at the last meeting and asked staff to begin discussions with other appropriate concerned agencies. City staff from Legal and Park & Recreation met with Chris Lawrence and representatives from the County Attorney's Office, Texas General Land Office and Texas Parks & Wildlife to begin identifying the problems, which are not specific to one area, but rapidly becoming an issue in several areas. The County's Coastal Zone Management Committee is also addressing the personal watercraft usage and has asked the Water/Shore Advisory Committee also to look at the problem. Chris Lawrence of Nueces County Beach Services reported that over the last two years there has been a dramatic increase in the use of personal watercraft in Gulf waters from Bob Hall Pier North to Newport Pass. The County received numerous complaints about near misses from the general public as well as from beach lifeguards. Forty incidents involving personal watercraft were reported to the County over the last four years. Of those, six required lifeguards to rescue someone injured while using a personal watercraft and of those six, only two were non-riders. The County's Coastal Zone Management Committee, an advisory committee to Nueces County Commissioners Court, was made aware of the complaints. Regardless of the low numbers, the public concern is serious. Lifeguards receive numerous complaints about personal watercraft each year. The waters located off J. P. Luby Park are within the Corpus Christi city limits for which Nueces County Commissioners Court can not pass water use regulations. The City has that authority under the Water Safety Act. There are State laws regulating personal watercraft operation in the Gulf of Mexico and City waters. There is a real need for the City and County Water/Shore Advisory Committee Meeting Minutes 3 September 8, 1994 entities to cooperate in resolving the problems and addressing public safety concerns. The Coastal Management Committee has expressed interest in segregating types of usage in different areas but there has been no formal action. He suggested that seasonal approaches might be used for on-water enforcement and that concerns should be broader than just personal watercraft. Mr. Matthews stated the City is going to begin working with various agencies in the effort to simplify communications between the various law enforcement agencies which may help to alleviate enforcement problems. He commented that placement of boats in those outlying areas was also discussed. Ms. Morris reported that personal watercraft was also an issue with every law enforcement agency represented at a separate meeting to address how to best respond to emergencies in areas located away from the downtown area (Marina). The Texas Water Safety Act can be enforced in all locations by any peace officer in the State of Texas regardless of their affiliation. The problem is not having people specifically assigned or in a position to respond and not having the capability to communicate between agencies. Request for Approval to Lease Water and Park Area on Whitecap Boulevard to Padre Isles Yacht Club (PIYC) for the Purpose of Building a Club House and Mooring Facility - Mr. Matthews reported staff has met with PIYC regarding the preliminary project to address their needs and also talked about the facility being a possible location for emergency rescue boats as discussed in the public safety item. He stated staff is seeking the Committee's endorsement on the use of City property prior to their moving forward with lease negotiations. Hank Hammer, PIYC Commodore, introduced other club members and explained how PIYC began. PIYC currently leases property from Anchor Resort but does not have priority in how their building is used or for slips. PIYC members are required to move their boats from slips desired by condo owners. Joe Horvat of PIYC distributedmaps/pictures depicting the City property at the end of Whitecap Boulevard that PIYC wants to lease. They plan to phase in a clubhouse and forty slips over a five year period. The initial phase will include half of the clubhouse (kitchen, bath and shower facilities), ten slips (meeting all Padre Owners Association [POA] and City requirements) and utilities. The infrastructure and pad will be put in, members will build the facility and slips themselves and complete the entire project with monies raised by the members. PIYC plans to raise monies to complete the parking area and docks/piers on an as-needed basis and to provide shrubbery along the roadway to buffer the areas between the Wastewater Treatment Plant and Island residents. The roadway will need to be dealt with in order that access to the remaining park remains open to the public. Mr. Matthews stated a Corps of Engineers permit is required and that staff will contact the General Land Office to ensure the lease will not include State property. Staff will be working with PIYC: (1) to write the lease to insure the wastewater treatment plant retains priority if it ever needs the property; (2) to follow regulations of public park land to ensure access to the rest of the park; (3) to make sure boat types and land uses are consistent so as not to create more Water/Shore Advisory Committee Meeting Minutes 4 September 8, 1994 pollution problems; and (4) to require policies i:e. non-discrimination, etc. He recommended that the Committee give staff a recommendation to move forward and negotiate the lease. The lease will also be considered by the Park & Recreation Advisory board. Discussion followed. Judge Blackmon and Mr: Gamboa comments that the overall plan should include small boat storage and a launching ramp. Mr. Horvat responded to questions as follows: (1) POA maintains the channel but the land and water areas immediately adjacent to PIYC will be kept clean by PIYC; (2) PIYC will maintain its slips and clubhouse facility; (3) PIYC's plans include a members only trailered boat parking area; (4) POA supports PIYC's project (Mr. Menard suggested a formal endorsement might help move PIYC through the City process); and (5) construction will remain consistent throughout the project. Mr. Horvat assured the Committee that PIYC intends to remain fiscally responsible for the project. The motion was made by Judge Blackmon, seconded by Mr. Menard, to approve staff proceeding with lease negotiations with PIYC. The motion passed unanimously. Lighthouse Restaurant Leases for Restaurant, Fuel Dock and Deck - Mr. Utter thanked the Committee and City staff for their hard work in developing three leases which resulted from T- Head Marina's request to expand its facilities, the Marina Officeneed for more space and problems associated with limited temporary fueling. One lease is for the Lighthouse.Restaurant (Lease Between T-Head Marina L. C. on the Lawrence Street T-Head in the City of Corpus Christi), the second is the Fuel Station Lease (Lease Between Marina Fuel and Charter Boat Company L.C. on the Lawrence Street T-Head and the City of Corpus Christi) and the third is a five-year Deck Lease. The Deck Lease allows T-Head Marina to build a triangular deck, to make the Northwest corner of the T-Head square, and requires that it be built in such a way that the area closest to the bulkhead is easily removable. The deck will need to be removed, totally at Mr. Harrison's cost, when funds become available to complete the bulkhead. Because the Deck Lease is over water, it can be only a five-year lease and compensation for that lease is the costs associated with building and maintaining the deck. No permanent dockage will be allowed on the North side of the deck or on the North side of the T-Head. Only temporary mooring will be allowed on the North side of,the deck/T-Head in order to provide loading/unloading of passengers or to use the pump out or fuel facilities. The total restaurant revenue has been increased to a minimum $72,000 per year ($5,833 or 1-1/2% of gross per month) and rent on the fuel station is $6,000 per year ($200 per month or 1-1/2% of gross per month) which total at least twice as much as the current revenue. The additional revenues (+/-$36,000) will be used to amortize the cost of building a new Marina Office. The Lighthouse will be leasing more area on the Lawrence Street T-Head which will allow them to substantially increase their seating. The Marina Office will be vacated as soon as Mr. Harrison begins construction and he has 24 months to complete the construction. The new monthly rental rate will begin nine months after the'effective date of the lease in order to allow the project to get underway and because revenues will decrease during construction. Mr. Harrison is required to provide temporary quarters for the Marina Office with all electrical, telephone, computer hookups, etc. while the Marina Office is under construction. Art Sosa, City Architect, has done preliminary Water/Shore Advisory Committee Meeting Minutes 5 September 8, 1994 plans for the new Marina Office but they require more work before additional Committee input and final consideration by City Council. The City should be ready to begin construction on the Marina Office about four or five months after Lighthouse construction begins and should be completed in five or six months. The City has provided several safeguards in the leases. If Mr. Harrison defaults on or terminates the Fuel Station Lease, the Lighthouse- Lease is also terminated and visa versa. Mediation and arbitration have been added to the leases to eliminate any need to go to court. In addition, if Federal or State governments prohibit fueling from the type of facility in the Marina and boaters can not get fuel through no fault of Mr. Harrison's, the Lighthouse Restaurant Lease automatically goes from 1-1/2% to 3% of gross. Mr. Utter explained that leasing a prime city location should net the owner a 12% return. The Lighthouse is leasing approximately 30,000 square feet and a fair assessment of value would be $40 per square foot or $1.2 million. A 12% annual return would be $144,000. Adding $144,000 to the current Lighthouse gross of$3.35 million and adding 50% (because business should increase that much) results in $5 million and to get $144,000 of the $5 million is three percent. The Lighthouse drawings previously seen by the Committee will be referred to as preliminary drawings and will be attached to the lease as Exhibit B. The true architectural drawings will be provided by Mr. Harrison and will be attached to the lease as Exhibit B. Mr. Harrison has agreed to continue to take care of the original petroleum product spillage concerns.and the plan through TNRCC has been approved: Mr. Harrison is required tocarry insurance, workman compensation and must accept customers and employees on a non-discriminatory basis. The Fuel Station will be a new, open-air, concrete structure will roll-up, insulated garage doors built on the Northwest corner of the Lawrence Street T-Head. Fueling will be done from double- walled, vaulted, above-ground fuel tanks (2,000 gallons maximum size). FEMA expressed no problem with the habitable structure and has approved the tanks as long as they are certified by a local engineer as being either wave protected or removable. The fuel facility will go before the Building Code Board of Appeals for a ruling when the construction is addressed. This Fuel Lease is exclusive. Staff has negotiateda price which will be the actual cost by invoice plus a maximum 20%. The price will fluctuate but the City will be able to ensure that boaters are getting reasonably priced fuel. Those requiring bulk fueling will arrange and pay for that service through the fuel station. If the Fuel Station has a run on fuel and commercial vessels want fuel that is not immediately available, the Fuel Station will immediately make arrangements for a bulk fueler. Mr. Harrison will turn in records of bulk fuel requests and that will provide a good check on fuel availability. Mr. Harrison will have the option of renting three slips on D-Pier for charter boats at the going commercial rate. Discussion continued and the following remarks are in response to questions from the Committee. Mr. Utter explained why the Lighthouse and Fuel Station leases are tied together. Alison Gallaway explained that separate leases allow Mr. Harrison to protect restaurant assets from possible liabilities associated with operating the fuel station. Mr. Utter reported that the 8" water line on Peoples Street T-Head will be run underwater and across to Lawrence Street T-Head. The fire hydrant will be installed on the 8" line. Water/Shore Advisory Committee Meeting Minutes 6 September 8, 1994 Ms. Morris commented that bulk fueling is not preferable to fueling at the fuel dock. Preferable to most is to have an adequate fuel supply at the fuel dock. When shrimp are running and during peak boater seasons the fuel station does not have enough fuel to meet the demand. As allowed by ordinance, years ago the Marina Superintendent designated an alternate fuel location on Coopers Alley L-Head to allow legitimate diesel jobbers, with a licensed nozzle and the proper grounding and fire equipment to deliver diesel fuel. Bulk fueling of gasoline is not allowed. Above ground tanks are limited to a 2,000 gallon maximum which does not adequately service commercial vessels. In the past boat owners have made arrangements for bulk fueling through the Marina Office. Now that the temporary fuel dock is in the same location as the bulk fueling, we have tried to limit bulk fueling to hours different than when the fuel dock is open to avoid conflict. Under the exclusive fuel lease, boaters will make bulk fueling arrangements through the fuel station. Mr. Beck commented that the alternate fuel dock was established in 1978 to allow boaters to bulk fuel at a cheaper rate and not to compete with or make up for a lack of fuel at the fuel station. He expressed no problem with the exclusive lease but was concerned about the bulk fueling rate which he thought should be adjusted downward from 20%. Mr. Harrison responded that he intended to sublease the operation and that chances are that they will not charge near 20% and that large commercial users will pay a lot less than 20%. Mr. Utter added that gasoline for cars could be, but is not required to be, provided. Judge Blackmon expressed concerns about parking availability. Mr. Utter stated that given the restaurant expansion the parking requirements meet the code. Mr. Harrison commented that valet parking will allow some control over and lessen impact on parking for boaters and that angle-in parking is also being addressed. Mr. Utter stated that additional parking around the new Marina Office will impact the green areas but will provide more parking. Mr. Harrison stated the expansion will allow them have a kitchen facility to meet the demand. The kitchen will be located above the porte-cochere which patrons can drive under to access the • restaurant and valet parking. The private dining room will be on the third floor above the porte- cochere. Other than the porte-cochere, the structure will not be changed. The Landing Bar (where Mrs. Harrison's Office is now), The Landing Grill (where The Landing is now) and administration offices (where the Marina Office is now) will be on the first floor. The outside deck will remain as is. The Lighthouse Restaurant and kitchen will be on the second floor and the private dining room will be on the third floor. Mr. Beck suggested that a sidewalk to connect both sides of the Lighthouse was needed so that pedestrians are not forced to walk in the roadway and that the sidewalk should be addressed in the renovations. Mr. Harrison responded that can easily be done. Mr. Utter commented that the final plans for the Lighthouse will come back before the Committee for approval. The motion was made by Mr. Menard, seconded by Mr. Gamboa, to approve the three leases. The motion passed with one in opposition. Water/Shore Advisory Committee Meeting Minutes 7 September 8, 1994 - Mr. Harrison commented that, if the City Council passes on the first reading, he expects construction may begin in January, 1995. CURRENT CONCERNS AND EVENTS: Ms. Morris responded to Ms. Henderson that the Committee does not have jurisdiction over the Lexington. She contacted Lexington representatives regarding maintenance concerns and was assured they have some on-going exterior maintenance. However, she is waiting to hear from Jerry Chipman and will bring that information back to the Committee. Ms. Henderson commented that charging a $5 fee for trailer storage for J-24's participating in a weekend regatta was unnecessary. Ms. Morris responded that many regattas are sponsored by private marinas receiving revenues from the regatta in other ways. The Corpus Christi Yacht Club sponsored the J-24 event and the Marina agreed to a one-time $5 fee rather than the usual nightly fee. The Marina collects nothing else from those participants storing boats and trailers on the landmass. Last year the Marina billed CCYC directly instead of charges boat owners. The Marina will be glad to handle collections in either manner in the future. Ms. Henderson commented that the hoist was inoperable prior to the regatta. The J-24 regatta organizers likes to have a crane available to help take boats out of the water and in case the hoist breaks down. They were advised by Marina Staff that the crane could not be used for lack of proper insurance. Ms. Morris responded that the crane issue was an avoidable problem and reported that prior to the event she had spoken with a hoist association representatives about the event and there was no mention of any need for a crane. She reported that there are several insured businesses that can bring cranes into the Marina and explained several important issues about locating cranes on the landmasses. Ms. Morris stated the City will be glad to work with regatta organizers to allow an insured crane to be available for regattas. The Hoist Association is a separate association and is responsible for the maintenance of the hoist. Mr. Beck commented that the current ramp system allowing access to the T- and L-Heads does not meet ADA requirements. He requested that Marina staff contact the surrey concession operator about lease violations i.e., operating surreys after dark without lights and/or on the landmasses. Ms. Morris responded that Marina staff will make contact with the new operator as requested. HEAR FROM THE PUBLIC: None offered. ADJOURNMENT: As there was no further business the meeting was adjourned at 7:52 p.m. /77)/1771‘ iSu orris Marina Superintendent SM/bkb