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HomeMy WebLinkAboutMinutes Watershore And Beach Advisory Committee - 04/01/1993 MINUTES WATER/SHORE ADVISORY COMMITTEE APRIL 1, 1993.- 5:00 P.M. MEMBERS PRESENT: Frank Beck, Quenten Cook, Charlene Forest, Vic Menard, Scott Skinner, Patricia Suter and Randy Thompson. MEMBERS ABSENT: Robert Gross and Dr. McKee. STAFF PRESENT: Malcolm Matthews, Director of Park & Recreation, SiSu Morris, Marina Superintendent, Alison Gallaway, Assistant City Attorney, Lou Hilzinger, Marina Harbormaster and Benita Brunner, Secretary. CALL TO ORDER: Chairman Cook called the regular monthly meeting of the Water/ Shore Advisory Committee to order at 5:00 p.m. in the Committee Room at City Hall. ACTION ON ABSENCES: The motion was made by Ms. Suter, seconded by Ms. Forest, to excuse Mr. Menard's and Mr. Thompson's absence from the March 4, 1993 meeting. The motion passed unanimously. ACTION ON MINUTES: In response to Mr. Beck's request for clarification, the last sentence of the Director's Report shall be changed to_read: .Ms. Morris stated that damage `claims information had been forwarded to the City Manager along with a request for authority to apply the same rules and liability requirements'($300,000, $100,000; $50,000) that apply to contractors working in the work area, to contractors working in the boat haul out. The motion was made by Mr. Skinner, seconded by Ms. Suter, to approve the March 4, 1993 Minutes as amended. The motion passed unanimously. COMMITTEE REPORTS: No reports were offered. Mr. Matthews reported that staff is awaiting FEMA's comments regarding the concept of the fuel station building and a separate.Marina office, a project of the Planning'Subcommittee. DIRECTOR'S•REPORT: Ms. Morris reported on the: motorhome motorcade to stay on L-Head April 14th-17th; City administration meeting to discuss financing pier improvements; Water Taxi start up May 1st; Buccaneer Fireworks April 23rd; Buccaneer Night Parade, Peoples Street Rental and Hobie Fleet 99 's Olympic Regatta May 1st; East-West PowerBoat'Shootout May 7th-9th; attending Marina Association of Texas April 12th-13th; and staff working on budget. Ms. Morris reported that Legal and Municipal Court staffs determined that'speed limits on public waters in private canals could best be enforced if the current Ordinance was changed to include "either no wake or 4 MPH" limits. DISCUSSION ITEMS: McGee Beach Concession - Mr. Matthews reported that because the McGee Beach facility is difficult to keep open, it was bid with the Cole Park Concession. Staff recommended approval of Robert Buford and Company to operate the facility. The motion was made by Ms. Suter, seconded by Ms. Forest, to approve a five month permit for Robert Buford and Company to operate a food and beverage concession in the McGee Beach Concession.at $250 per month.: The motion passed unanimously. Peoples Street Bandshell - Mr. Matthews reported that the Peoples Street facility is also difficult to keep open. Staff recommended approval of Chriswell Horton to SCANNED Water/Shore Advisory Committee Meeting Minutes April 1, 1993 operate the facility. The motion was made by Mr. Menard, seconded by Ms. Suter, to approve a short term permit, ending September 30, 1993, for Chriswell Horton to operate a food-and beverage concession in the Peoples Street Bandshell at $300 per month. The motion passed unanimously. Use Permit Adjacent to North Breakwater - Mr. Matthews stated that to ensure compliance with City Ordinances, staff has researched The Executive Wet Set's (EWS) request to operate a water toy concession inside the North Breakwater. The request is unique because the operation is to be located on private property (Pier 99) immediately adjacent to the City's patented area and will operate on public waters. This operation differs from those currently operating from City-owned beaches on public waters. This issue is before the Committee because it is charged with making recommendations for water usage within the Marina (identified by City Ordinance as that area running from McGee Beach to the North Breakwater). Mr. Matthews stated that issues regarding the proposed operating area are very. important and that other items need to considered regarding activities planned for or currently taking place in this area (i.e: , Los Barcos, Water Taxi to the Aquarium, ship traffic and fishing from the breakwater). Hans Schultz of EWS distributed information which they had submitted to the Corps of Engineers (Corps), a map indicating operation areas, and pictures of the proposed water toys. He stated that they are ready to operate and that the Corps and Port of Corpus Christi (Port) had approved the floating dock. He added that the following agency representatives had give their approval for the operation: General Land Office, Lynnda Kahn; Te::as Parks & Wildlife, Dick Harrington and Mary Ellen Vega; U. S. Fish & Wildlife, Johnny French and Pat Clements; William Crook, Los Barcos Chairman; Port, Harry Plomarity, Harbormaster Jim Burns, and all Engineers and Marketing; Chief of U. S. Coast.Guard; and that the land owner, Mr. Kennedy, had been very helpful in getting information required for the Corps' approval. Mr. Schultz referenced Page 4 of the handout which depicted the floating dock's final layout with three pilings set just above mean low tide, nothing on the bay bottom, supported by barrels. He stated that the City's property starts at mean low tide and the dock will be approximately two feet above that. He referenced Page 6 of the handout which indicated the proposed operation site being zoned B-2, Bayfront Business District and which gave a clear view of the proposed operation areas. Buoys for the proposed slow boat operation area (B-2) were not indicated on the map because they needed to be sure of the water taxi's route. The water toys in B-2 will be pulled into the corner until the water taxi has landed, off-loaded, and left the area. Jet skis will be escorted along the ship channel to and from the proposed operation in area.R-1B on the East side of the Lexington. Water toys will never cross the ship channel and will remain-200 yards off Corpus Christi Beach at all times. All buoys will be set out each morning and removed each evening. The Southeast winds may occasionally prevent Sidewinders from operating but the Waverunners.can operate in those windy conditions. The operation will follow codes currently , required in the Marina i.e. requiring that PFD's be worn by all participants, chase boats, age requirements for operators, and prop cages. Mr. Schultz stated they made sure they were up to code and had acquired adequate parking. He added that he had a letter from the. City that allows the business on private property once the dock is in place. Once the dock is built, they will have no need for the beach except to load/unload boats each morning/evening. They are 2 Water/Shore Advisory Committee Meeting Minutes April 1, 1993 currently seeking a temporary permit to allow employees and passengers to step on City property whilethey are loaded/unloaded until the dock is in place. Mr. Matthews stated that the letter Mr. Schultz referred to (Page 3 in handout) says the City needs to have the Corps answer before the process for a long term permit can be initiated and that the letter does not commit the City to approve the request. He added that many things will need to be considered and that the short term permit will allow the City time to study the operation and correct any problems prior to considering a longer term permit. Mr. Schultz stated that Frank Brogan, the Port's Chief Engineer is working on getting their letter of permission for a small structure and they should hear from the Corps within two weeks; then there will be public hearings to go through. Mr. Beck expressed concern that the plan presented in the handout did not meet marine development planning guidelines and felt they might need a variance from Building Inspections. Discussion followed regarding how the barge would be moved, where it would be kept during hurricanes and water conditions in the proposed location. Mr. Schultz stated that all water toys will be kept away from the Aquarium's wetland area and motorboats will be at least 100 yards from shore at all times. He added that fishing occurs primarily at the end of the breakwater and that buoys will be set far enough off the rocks to prevent any problem. Mr. Matthews stated that staff has been directed to include a thirty day cancellation clause in the long term permit in the event other development occurs in the area. Discussion followed addressing safety concerns regarding water toys operating adjacent to the ship channel, the Water Taxi route, and the patented areas of the City and Port. The Porthas a patent:just like the City but it is from outside the City's patented area to Port Aransas. . The City gives the Port the authority to let boats pass through the City's patented area. Mr. Thompson stated that the Committee is not trying to stop any one from operating. The Committee is trying to discharge their duties as they see them and that is to regulate the safety in the area of jurisdiction. Mr. Thompson added that there are safety concerns regarding jet skis maneuvering around the rock jetty. Mr. Schultz stated they proposed a very safe way of doing business and that there is plenty of room to allow water toys to go around the rock jetty. The motion was made by Ms.. Suter, seconded by Mr. Menard, to approve a 60 day permit for Executive Wet Set to operate adjacent to the North Breakwater (at Pier 99) in order to give the City time to review the operation and address- concerns regarding safety and other activities planned for the proposed operation area. Mr. Matthews stated that EWS proposes.to eventually operate from private property, without contact to City property, on to State water. If EWS considers a permanent 3 - Water/Shore Advisory Committee Meeting Minutes April 1, 1993 pier over City patented bay bottom, the Committee will be considering. those improvements. If the Corps does not grant the structure, 'the Committee will,need to discuss whether it would want to continue the use of City Bay bottom for them to access their boats. Mr. Matthews stated that EWS will adhere to the insurance currently required of water- toyconcession at Holiday Inn and on Corpus Christi Beach due to the jurisdiction of the Committee and City. The motion passed with Ms. Forest and Mr. Thompson in opposition. Discussion followed regarding what fees were to be assessed. The motion was made by Mr. Menard, secondedby Mr. Thompson, to charge $125 per month for the operation at the North Breakwater. Mr. Beck expressed concern for setting.a precedent of charging those who traverse across City waters, regardless of whether they do so for pleasure or.profit.. Mr. Matthews stated that the proposed situation is unique;, the difference is the value of use of the Bay bottom, not the water. The Legal Department determined that the City can assess a fee for contact with. City property. The operation proposes to operate in the City patented area and might be compared to what Holiday Inn did when they built the beach behind the hotel. Mr. Cook stated there was little difference between operators crossing a City beach or the Bay bottom; they use City property to do their business and require a City permit to operate. . The motion passed with Mr. Beck in opposition. CURRENT CONCERNS AND EVENTS: None were offered. HEAR FROM THE PUBLIC: Mr. Schultz warned Mr. Matthews that he may have bid concession rights to Cole Park illegally. Mr. Matthews responded that the City filled in the area where the Cole Park concession facility is built and has bid the concession rights since the facility was built. The facility is not located on lands donated to the City. Tony DeAmico of Beach Boat Rentals distributed a letter regarding water toys operating adjacent to the Aquarium and Lexington. He stated that in years past, operators in that area were required by Ordinance to have approval from property owners within 150 yards of the operation. He stated that John Hendricks of the Texas. State Aquarium was concerned that water toy activities at the North Breakwater might impact their use of waters adjacent to the Aquarium for which he thought they had been given the.responsibility (between Johnson Boat House and 'Pier 99). He added that Mr. Hendrcks had additional concerns about what insurance requirements were to be required when considering the three foot water surges when tankers come in/out, etc. Don Glandt asked about bidding the Marina haul out/repair facility. Mr. Matthews responded that until the City receives a response from FEMA regarding plans for the 4 / . Water I Shore Advisory Committee Meeting Minutes April 1, 1993 Lighthouse Restaurant, the fueling facility, etc. , the City will not be able to change how the haul out yard is currently operated: He added that the City will make sure that haul outs are handled as they have been in the past and have no problem with hauling out boats in the event of hurricanes. Chriswell Horton thanked the Committee for approving his operation at the Peoples Street T-Head and requested permission to post a map providing tourist information in two 5' X 3' sections to the back wall of the bandshell.. Mr. Matthews said staff would need to see how the map could be affixed to the building. Rodger Spradlin registered his being appalled at how a businessman was treated for having been a little defensive in response to the rationale for assessing permit fees. ADJOURNMENT: As there was no further business the meeting was adjourned at 6:07p.m. 1Qa, 47,1,,s4 Su Morris Marina Superintendent SM/bkb 5