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HomeMy WebLinkAboutMinutes Watershore And Beach Advisory Committee - 05/31/1994 - Special MINUTES SPECIAL CALLED MEETING WATER/SHORE ADVISORY COMMITTEE MAY 31, 1994 MEMBERS PRESENT: Frank Beck, Robert Blackmon, Quenten Cook, Chairman, Ramiro Gamboa, Roy Lehman, Vic Menard, Patricia Suter and Randy Thompson. MEMBERS ABSENT: Virginia Henderson 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 special called meeting of the Water/Shore Advisory Committee to order at 10:10 a.m. in the Council Chamber at City Hall. Chairman Cook welcomed Judge Blackmon to the Committee. ACTION ON MINUTES: The motion was made by Mr. Menard, seconded by Ms. Suter, to approve the-4/18/94 and 5/5/94 Minutes as presented. The motion passed unanimously. COMMITTEE AND.DIRECTORS REPORTS: None were offered. DISCUSSION ITEMS:- Proposed New Lease for the Operation and Expansion of the Lighthouse/Landing Restaurant - Mr. Matthews gave a brief synopsis of the proposed new restaurant lease to replace the current lease as follows. (1) The City will perform a survey to determine the actual metes and bounds of the restaurant building. (2) The expansion must meet zoning requirements for parking spaces (angle parking, reduced medians and/or shuttle service from off-site lots will be considered to address parking problems associated with special events and during peak periods in the future). (3) A maximum of twenty parking spaces on the North end of the Lawrence Street T-Head will be identified for designated Lighthouse/Landing owners, managers and employees. (4) The proposed lease allows catering and maritime commercial sales concessions but does not provide an exclusive right for a patio bar restaurant, for a period of forty years. (5) T-Head Marina is required to meet all FEMA and City Ordinance requirements. (6) Rent will be increased to $5,833 per month or 1-1/2% of gross, whichever is greater, which should provide a revenue stream sufficient to cover a new Marina Office building. (7) The proposed lease allows rent, abatement so T-Head Marina pays no rent or pays prorated rent in the event of a major catastrophe or during periods of major construction when .the restaurant can not be open for - business or if the City experiences damage to the T-Head that requires prolonged repairs and interrupts possible opening of the restaurant. ` (8) T-Head Marina is required to maintain all records for five years for accounting purposes. (9) T-Head Marina is required to maintain all landscaping within the leased premises. (10) T-Head Marina is required to address all pollution concerns. (11) T-Head Marina is required to police and pick up litter from the North end of the SGANNED Water/Shore Advisory Committee Meeting Minutes 2 May 31, 1994 Lawrence Street T-Head. (12) The Americans with Disabilities Act is incorporated into the proposed lease. (13) T-Head Marina is required to install a fire hydrant on the Lawrence Street T-Head. (14) T-Head Marina is responsible for the installation of paving and infrastructure necessary to complete all site improvements. (15) T-Head Marina is required to place dumpsters into a building adjacent to the restaurant and be screened. (16) The proposed new lease places limitations on signs and lighting and addresses the need for additional directional signs. (17) Any lease assignment requires City Council approval. (18) The proposed new lease sets specific insurance requirements and requires T-Head Marina to carry insurance that indemnifies and holds the City harmless. (19) The proposed new lease sets time limits for construction that are contingent upon T-Head Marina securing financing for their expansion. (20) If financing for the expansion does not go through, the new lease will be terminated and T-Head Marina and the City will revert back to the 1982 lease. (21) Rent paid under the proposed lease in excess of the 1982 lease will be refunded to T-Head Marina if the proposed new lease is terminated. (22) City does not warrant that the structural integrity of the Lawrence Street T-Head subsurface will support the improvements. (23) Any building changes, additions, or improvements must be independent of the subsurface. (24) T-Head Marina is responsible to address the grease trap ordinance with regard to upgrading the system between the lift station and the building. (25) T-Head Marina is required to provide space for an interim Marina Office while the restaurant is under construction and until a new Marina Office is built. (26) T-Head Marina is required to meet the requirements of the Texas Natural Resource and Conservation Commission with regard to cleaning the previous and proposed fuel sites on the North end of the Lawrence Street T-Head. W. O. "Bill" Harrison stated that T-Head Marina is working with Charlie Simms, Architect to: (1)provide additional seating where the administration office is currently (they are not proposing to expand out on either end); (2) the breezeway and The Landing will remain the same; (3) move the kitchen to the proposed porte-cochere extending out and over the driveway in front of the building; (4) construct a third floor to provide a private dining room (may require that tower be made higher and wider) and (5) adding an elevator (to eliminate need to move food in passenger elevator). He added that the expansion will increase seating from 175 to 400 including the private dining room and will resolve problems associated with the inadequate kitchen. The 349 parking spaces on the Lawrence Street T-Head are more than adequate to allow the restaurant to meet the 150 parking spaces required by code. The motion was made by Mr. Menard, seconded by Ms. Suter, to recommend approval of the two leases to the City Council. Discussion followed regarding the following issues. (1) T-Head Marina's proposal to build a triangular shaped pier behind the existing building to on/off load charter boats. It was determined that if T-Head Marina built the pier, they would be required to give it to the City and that the City could then lease it back to T-Head Marina for no more than five years at a time. This issue would have to be approved by City Council but would not require voter approval. (2) The interim Marina Office might be a trailer located on the Lawrence Street T- Water/Shore Advisory Committee Meeting Minutes 3 May 31, 1994 Head. Mr. Harrison reported that the architects considered it important that the Marina move out when construction begins so materials can be stored hi that : area. Boater restroom/shower/laundry facility will be made available for as long as. possible. (3) T-Head - Marina will be required to lease commercial slips and to comply with slip lease requirements; the_lease(s) will notbe on a long term basis. - Mr. Menard withdrew his original motion to approve both leases so that each lease could be given separate consideration: The motion was made by Mr. Menard, seconded by Mr. Gamboa, to recommend approval of the restaurant lease to the City Council. The motion passed unanimously. Proposed New Lease for the Building and Operation of a New Fueling Facility--Mr. Matthews gave a brief synopsis of the proposed new fuel lease which is tied to the restaurant lease. If the fueling lease ends, then the restaurant lease ends, making fueling T-Head Marina's 40. year obligation. Under the proposed lease: (1) the permitted uses are the same astheycurrently are with the addition of fueling of-cars; (2) all City, FEMA, USCG, etc. regulations dealing with fueling must be met; (3) sets building rental at $100 per month or 1-1/2% of gross sales to be paid separate and apart from what is paid for the Lighthouse; (4) T-Head Marina is responsible to get all services to the facility meeting all code and federal regulations/requirements; (5) requires that fire fighting systems be _in place; (6) requires T-Head Marina to put in all infrastructure; (7)'requires that both gasoline and diesel fuel in the types/quantities sufficient to satisfy boater demand be available; (8) establishes minimum operation schedule at eight hours per day, seven days per week or permits credit card activated fuel pumps be provided 24 hours per day if T-Head Marina does not operate under the minimum schedule; (9) sets maximum fuel charge at no more than 120% of T-Head Marina's cost for.procurement; (10) requires that T- Head Marina provide special fuel or allow the City to contract with other source to do so for special events.requiring special fuels; (11) provide exclusive fuel sales to T-Head Marina; and (12) meet requirements established by Fire Marshal/Chief regarding temporary fuel station with regard:to bulk fuelers, the lack of a fire hydrant, etc: to provide:- (a) ultimate safety as is possible at the temporary fuel station and to get into.the best permanent facility as possible, (b) control bulk fueling situation through Lighthouse to provide better control of fueling operations; and (c) best type of above ground storage tanks to be properly screened. - Mr. Harrison reported that while he is contractually bound to run the fuel facility and given the pollution requirements, insurances, approved storage tanks, etc:, it is a money loser. He researched how he might generate enough 'income to cut losses and thought offering a convenience store/car fueling facility and charter boats might help. He proposed'that charter boats could provide services such as rides within the breakwater including drinks and/or a meal or could be leased for bay fishing trips. He felt the charter boats shouldbe moored adjacent to the restaurant, according to docking rules, on the lee side of the pier. Mr. Harrison expressed that if the fueling operation breaks even and he makes money on the Lighthouse, then everyone wins and if he loses a little, so be it because he has the contractual obligation and there is a need Water/Shore Advisory Committee Meeting Minutes 4 May 31, 1994 to have a good fuel station in the Marina. Chairman Cook commented that staff and the subcommittee considered relieving T-Head Marina of fueling responsibilities. The problem was where to locate the fueling operation and if that would dictate where the Marina Office should be in order not to require personnel to man the fuel facility. It became apparent that the fuel station needed to be close to the Marina Office. If the office_is placed where recommended in the middle of the T-Head, then the fuel station - would be on the lee shore bulkhead which is not conducive to easy fueling. Putting a projection into the fairway on which to land and get fuel would be objectionable to some. The alternative was to put the Marina Office and fueling station on the lee bulkhead on the Coopers Alley L- Head which is not the best place for the Marina Office because most people who use the Marina Office and boater facilities are on the Lawrence Street T-Head. The obvious place for the Marina Office, showers, laundry and restrooms is where the jet plane is on the Lawrence Street T-Head. It was decided that the best location for fueling is on the Lawrence Street T-Head and adjacent to the restaurant. Discussion followed on what size and how many fuel storage tanks might be required; costs for procuring fuel and how the costs might be.affected by delivery price and fuel. tax; lessee assuming liability and responsibility if fuel flows into waters from unmanned fuel pumps; the fact thattheleases would be authorized by ordinance and the existing ordinances will be required to be modified if the leases are approved by City Council; bulk fueling; fueling safety concerns; having restaurant personnel on call for fueling rather than providing credit card access to pumps; etc. Mr. Utter commented that the City has continued to receive complaints about fuel costs in the Marina. The cost of fuel on a daily delivery basis fluctuates and charging 20% over and above that cost seems reasonable and it would not be correctto charge a percentage of any taxes. The fuel stationhas been operated by the City in the past but did not make money. City staff feels that the fuel station should be a requirement for the Lighthouse. Mr. Matthews reported. that staff will need.to meet further with Mr. Harrison to.discuss his request for three lee side slips closest to the bulkhead near the restaurant to be used for his proposed charter boat operation. Those slips would have to be redesigned and, while Mr. Harrison has offered to finance those changes,the Marina rescue boats and current tenants have moored in those slips for quite some time. The motion was made by Mr. Menard, seconded by Mr. Gamboa, to recommend approval of the fueling lease to the City Council. The motion passed unanimously. . Mr. Harrison thanked the staff for their help and cooperation. He commented that City staff had, represented the City's interest well and assured those present that T-Head Marina intended for the Lighthouse, etc. to continue to be a credit to the community. a • e Water/Shore Advisory Committee Meeting Minutes 5 May 31, 1994 Mr. Utter expressed appreciation to the Committee for its hard work.' Request from Trubal O'Dowdy and Anthony Slowik to Rent Umbrellas and Chairs in front of Villa Del Sol on Corpus Christi Beach - Ms. Morris reported that Bob Church had previously operated the Villa Del Sol Gift Shop and that he had rented jet skis and umbrellas from that location. Mr. Church's permit to rent jet skis and umbrellas was renewed but he did not renew his agreement with Villa Del Sol. Trubal O'Dowdy and.Anthony Slowik currently operate the Villa Del Sol Gift Shop and they are interested in renting chairs and umbrellas from that location. Although the Marina has not received a letter from Villa Del Sol outlining arrangements with Mr. O'Dowdy and Mr. Slowik, City staff requested that the Committee approve the recommendation if issuing'a permit, at$125 per.month, and that once the paperwork is in order, a permit could be issued. The motion was made by Ms. Suter, seconded by Dr. Lehman, to approve the permit pending receipt of concurrence from Villa Del Sol. The motion passed unanimously. CURRENT CONCERNS AND EVENTS: Ms. Suter expressed concern regarding an incident in Hans Suter Park and asked if closing the park each night had been addressed. "Mr. Matthews commented that the park curfew is not controlling use of the parking lot in that location. The Oso Wastewater Treatment Plant, located directly across from the park, 'is manned 24 hours per day. Park & Recreation staff has been discussing how to secure the park at dusk and whether or not Wastewater staff could chain/lock a gate (to be installed at the park entrance) when they make inspections of the effluent outfalls adjacent to the park. Mr. Matthews reported that a new board member orientation will be scheduled. Ms. Morris reminded everyone that the Thursday, June 2, 1994 meeting will not be held. HEAR FROM THE PUBLIC: None offered. ADJOURNMENT: As there was no furtherbusiness the meeting was adjourned at 10:50 a.m. iSu orris Marina Superintendent SM/bkb '