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HomeMy WebLinkAboutMinutes City Council - 03/19/2002I 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 March 19, 2002, which were approved by the City Council on March 26, 2002. WITNESSETH MY HAND AND SEAL, this 26th day of March 2002. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 19, 2002 2:04 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola ABSENT Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Kelly and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint Council meeting of February 26, 2002 and the regular Council meeting of March 5, 2002. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Building Standards Board Beverly Bacak (Reappointed) Mary Esther Guerra (Reappointed) Dan Hoffman Ike Spiker * * * Mechanical/Plumbing Advisory Board H. Ray Johnson Jr. Commission on Children & Youth Lauren C. Ranly * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-14). City Secretary Chapa stated that Item 6 was withdrawn by staff. Council members and an audience member requested that Items 7 and 14 be discussed. Mr. Chapa polled the Council for their votes and the following passed: 3. RESOLUTION NO. 024795 Resolution requesting the Texas Natural Resource Conservation Commission, as the state 7 1 T-17 Minutes - Regular Council Meeting March 19, 2002 Page 2 air pollution control agency, to submit a grant application to the United States Environmental Protection Agency for a $100,000 Mobile Source Outreach Assistance Grant, which will be administered by the City of Corpus Christi, as part of the region's Pollution Prevention Partnership and the Air Quality Research and Planning Program and used to fund a remote vehicle emissions sensor to be purchased, operated, and maintained by Texas A&M University -Kingsville. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 4. M2002-075 Motion authorizing the City Manager, or his designee, to execute a construction contract with Pro Tech Mechanical Inc., of Corpus Christi, Texas, in the amount of $160,350 for the Frost Bank Building lease space chiller replacement project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 5. ORDINANCE NO. 024796 Ordinance authorizing the City Manager or his designee to execute a participation agreement with Tuloso-Midway Independent School District (developer) for public street improvements on Deer Run Drive, Lot 1, Block 1, Maples Hills Subdivision, abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $10,779.99 for City's share of costs of the improvements. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 6. WITHDRAWN OL d111a11cc au/t�honz...g tl le Ci y Man7a7ge. e. 1115 d..slg.i.,e to cx.,.,.,1.. a77 pal tDdpativll ablcvlll..ld WI 1 CulpuJ C1LL IJt1 Illll..p..11U..11t SIs 1VuI D1Jt1 Its t (LLcv..lupc1) f 1 publl.. btl Cl.,t 1In1/1V v..111.41tb on Cilnarrelt Boalcvald, Lot 1, Bloek 14, F}rlit 5, Cilll urorrElobsing, in at uidanccwitlrtbe IP .• 8.a. ORDINANCE NO. 024798 Ordinance appropriating $80,000 from revenues from Reinvestment Zone No. 2 in Reinvestment Zone No. 2 Fund No. 1111; amending Ordinance No. 024528 which adopted the FY 2001-2002 Budget by increasing both revenues and appropriations by $80,000 in the No. 1111 Fund for engineering services for the Packery Channel partnering, technical review and U.S. Corps of Engineers consultation. r- r Minutes - Regular Council Meeting March 19, 2002 Page 3 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 8.b. M2002-077 Motion authorizing the City Manager or his designee to execute Amendment No. 1 in the amount of $22,240 to the contract for engineering services with Felix Ocanas, P.E., for the Packery Channel Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 9. ORDINANCE NO. 024799 Ordinance approving $79,424.55 from B.R. Scogin as developer's cash contribution for in - lieu -of street construction of a 450 -foot segment of enhanced County Road 52 (with supporting public utility infrastructure), as required by development of Lot 1, Scogin Tract; providing adjustment for fee simple dedication of right-of-way required by the City for the future arterial "through" street and major utility corridor; establishing a separate subaccount for said street in the City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and restricting said monies for the completion of "improvements" when arterial is ready for construction as an obligation of platting and development of properties east of Lot 1, Scogin Tract, or as an obligation of a city capital improvement project. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 10. ORDINANCE NO. 024800 Ordinance amending Ordinance No. 024704 to allow for the waiver of the fair market value payment for the abandoning and vacating of a 2,308.71 -square foot portion of a 10 -foot wide utility easement out of Block CR, Levek Tract, in exchange for the owner dedicating a utility easement of equal or greater value. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 11. ORDINANCE NO. 024801 Ordinance appropriating $35,009.51 from the State of Texas in the No. 6010 Trust Fund -Law Enforcement Officer Standards and Education for training of police personnel; amending the FY 2001-2002 budget adopted by Ordinance No. 024528 by adding $35,009.51 to the No. 6010 Trust Fund -Law Enforcement Officer Standards and Education. Minutes - Regular Council Meeting March 19, 2002 Page 4 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 12. ORDINANCE NO. 024802 Ordinance appropriating $7,500 from the Chamber of Commerce Foundation in the No. 1050 Federal/State Grants Fund for hiring of a part-time data specialist at the Juvenile Assessment Center. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 13. ORDINANCE NO. 024803 Ordinance appropriating a grant of $1,665 from the Texas Department of Protective and Regulatory Services in the No. 1060 Federal/State Grants Fund for the Community Youth Development Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, park at IH -37 and Belden Street. Mr. Leonard Murphy, of the General Services Administration (GSA), explained that the GSA and the city worked to develop a mutually agreeable location for the new federal courthouse. He said that as a result of both the Oklahoma City bombing and the terrorist attacks in New York City and the Pentagon, safety is of utmost importance with regard to federal buildings. He said the GSA supports the plan for a park behind the courthouse and they have worked with the city engineer to propose two changes: the placement of pipe bollards along the sidewalk and the narrowing of the sidewalk itself to prevent any temptation to drive through that area. Mr. Kevin Stowers, Assistant Director of Engineering Services, said city staff will work with the GSA to determine a proper width for the sidewalks. City Secretary Chapa polled the Council for their votes as follows: 7.a. ORDINANCE NO. 024797 Ordinance appropriating $260,000 from the Unappropriated Street Assessments in Streets Capital Projects Fund No. 3530 for a construction contract for IH -37 Park -Belden Street; amending Ordinance No. 024730 which adopted the FY2001-2002 Capital Budget to increase appropriations by $260,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. ■ 1 r Minutes - Regular Council Meeting March 19, 2002 Page 5 7.b. M2002-076 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction in the amount of $333,442.70 for I.H.-37 Park -Belden street improvements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, newly revised Nueces County precinct changes. Responding to Council Member Longoria, City Secretary Chapa said this item is basically a housekeeping ordinance --it does not change the Council's district boundaries. The city has to adopt the precinct boundary line changes that Nueces County has adopted. He said each governmental entity has to receive separate approval from the Department of Justice. Mr. Longoria suggested that items such as this be placed on the regular agenda. Mr. Chapa said this item was considered today because it was possible that the Council was going to call an election for May 4, 2002, and the precinct changes needed to be approved first. Council Member Colmenero asked about two precincts (59 and 67) which are being consolidated. Mr. Chapa explained that the state and the Department of Justice do not recommend precincts that are larger than 3,000 in population. He said some precincts larger in population needed to be split; others with fewer population were consolidated. He added that the lines are being adjusted to accommodate that requirement. Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 024804 Ordinance amending Ordinance No. 022075 by adopting newly revised Nueces County precinct changes to conform to precinct line adjustments; providing for submission of the precinct changes for pre -clearance from the U.S. Department of Justice. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. * * * * * * * * * * * * * Mayor Neal referred to Item 15 and a motion was made, seconded and passed to open the public hearing on the proposed City marina project. Deputy City Manager Noe said this presentation has been made to several city committees, including the Planning Commission, Water/Shore Advisory Committee, Park and Recreation Advisory Committee, Padre Island Business Association, and others. He said the goals of the request for proposals (RFP) were as follows: continue to improve the bayfront and city marina; offer new resident and visitor attractions; generate new commercial and/or entertainment opportunities; and improve the marina fund balance. ✓ r Minutes - Regular Council Meeting March 19, 2002 Page 6 Mr. Noe said the RFP objectives were to manage the marina daily operations, including slip rentals, lease management, marina maintenance (water and land), marina marketing, fuel service, wastewater pump -out service, and marina security. Other objectives included funding and creating additional marina development (commerciaUretail, restaurant, and entertainment venues and tourist attractions), and incorporating marina development into the seawall restoration project. He said staff expected to receive responses from experienced development teams which have a clear vision for marina development, success with previous waterfront projects, experience with marina operations, and availability of financial resources. Mr. Noe said staff mailed 1,291 RFP letters and 69 RFP packets. He said the city received 10 responses and, of those, seven did not entirely address the RFP requirements. Consequently, three proposals were selected for interviews. The Deputy City Manager also discussed the proposed "South Wharf" project. He said that Corpus Christi Wharf Company, LTD, submitted an RFP proposal and staff has had an ongoing dialogue with Mr. Leon Loeb. He said an election would be needed for the city to grant an extended water lease in order for that proposal to come to fruition. He said Mr. Loeb is targeting a November election date and staff is developing a memorandum of understanding to bring to the Council next month. He said that project is intended to be on a separate track from the other RFP proposals. Mr. Noe then reviewed the three finalists for the marina development project: Corradino Group Inc. from Houston, International Marina Group from Dallas, and Landry's Restaurants Inc., also from Houston. He said the Corradino Group proposed a development called "El Puerto de Corpus Christi," which consists of a mixed-use strategy (restaurants, shops, hotels, offices, apartments, boat sales, and other uses). He said that proposal calls for three distinct urban lands: an entertainment and resort island/boardwalk on the Peoples Street T -Head ($22.4 million); a seaside urban village on the Lawrence Street T -Head ($41.9 million); and a maritime center on the Cooper's Alley L -Head ($7.7 million), for a total cost of $72 million. The estimated economic impact is 977 new jobs, $20 million in salaries, $49 million in sales, and $3.5 million in area taxes. He noted that this group has no previous waterfront experience or marina operations experience. Mr. Noe said the International Marina Group's proposal consisted of a Texas Coastal Marina addition; a marina operations team; and mixed uses with a future master plan design to be undertaken with another development team. He said the specific elements were: 400 -space dry stack storage ($2 million); 100 wet boat slips ($2.3 million); restaurant and recreation area ($1.1 million); Columbus Ships area ($500,000); entertainment facility ($2 million); and "fisherman's wharf" area ($300,000), for a total of $8.2 million. Mr. Noe said the International Marina Group has 17 years of experience with freshwater and saltwater marinas, including owning and operating nine marinas and partially owning and operating 13 marinas. The last proposal was made by Landry's Restaurants Inc. and is known as "The Texas Boardwalk." Mr. Noe said that Landry's, which has in-house design and construction teams, is proposing three distinct land treatments: a parking lot facility on the People's Street T -Head; restaurants and entertainment facilities on the Lawrence St. T -Head; and a consolidated marina facility on the Cooper's Alley L -Head, for a total cost of $37 million. The proposal also includes Minutes - Regular Council Meeting March 19, 2002 Page 7 water taxi service between the T -Heads; marina support facilities (including restrooms) on both T - Heads; and a potential future phase development (a hotel on the Peoples Street T -Head). He said Landry's experience includes building and operating the boardwalk and marina in Kemah, Texas. Mr. Noe discussed how the three proposals were evaluated. He said the criteria were marina operations concept, development concept, waterfront experience, and funding. He said the next step in the process is to develop a memorandum of understanding (MOU) with the recommended development team; using the MOU as a basis for a future agreement with the development team; and preparing a lease and legal documents with the development team. Mr. Noe explained that an MOU is a formal document that lays out the specific points that each party will seek to provide with regard to project development duties and responsibilities. An MOU is used as a basis for future negotiations between the parties and as a framework for the creation of a future contractual agreement. Mr. Noe also reviewed the proposed time table, concluding with the approval by the Council of the lease documents in mid- to late -September 2002. Mr. Noe said staffs recommendation is that the Council authorize them to develop and negotiate an MOU document with Landry's Restaurants Inc. for the initiation of the city marina operations and development project. Responding to a question from Mayor Neal, Mr. Noe said that the city's consultant on this project was Fulbright and Jaworski, which assisted staff in the review and background work. The Mayor asked how the International Marina Group (IMG) devised its projected costs for its proposal. Mr. Jeff Irion, in-house counsel, said they are proposed investments for the marina operations which IMG hopes to finance through their company. He said the company's principals, Marshall Funk and Stan Johnson, operate through a variety of entities. He said they now operate 14 marinas throughout the country. Mr. Irion noted that he has served as the legal advisor to the Marina Association of Texas for 20 years. He added that IMG intends to seek corporate sponsorships of some of the family- oriented developments along the seawall. Mayor Neal asked how IMG's proposal would enhance the current conditions of the marina. Mr. Peter Davidson, Marina Superintendent, said the dry stack storage is a modern concept for storing boats, consisting of a multi -story building with a fork lift. He said the proposed 100 wet slips would be for large boats, such as 80 -foot to 120 -foot motor yachts and sail boats that the city marina is unable to accommodate at this time. The Mayor asked if the proposal would allow people to live aboard their boats. Mr. Davidson replied that at some of IMG's marinas, there is a certain percentage of "live-aboards." He said the dry stack storage facility would probably consist of three stories (level with the seawall) with a viewing area on the top. In reply to Council Member Noyola, Mr. Noe said staff asked each of the three finalists about their openness in working with other groups. He said IMG was more than willing to have a joint venture with a commercial developer, while the Corradino Group and Landry's indicated that they did not need the assistance of another team. He said in the end it is the Council's decision about how they instruct staff to proceed. Minutes - Regular Council Meeting March 19, 2002 Page 8 Mr. Tilman Fertitta, Chairman, President and CEO of Landry's Restaurants Inc., gave a computer presentation about their proposal. He said Landry's Restaurant, currently located at the People's Street T -Head, has had almost $40 million in business since it opened 10 years ago. Last year Landry's took over the operation of the Lighthouse Restaurant on the Lawrence Street T -Head and renamed it Joe's Crabshack, almost doubling its previous business. Mr. Fertitta said Landry's intends to develop a family-oriented waterfront experience in the marina. Mr. Jeff Cantwell, Vice President of Development, further described Landry's proposal. He noted that the main development would be centered on the Lawrence Street T -Head, with four restaurants (Joe's, Landry's, Aquarium Cafe, and Rainforest Cafe) and amusements. Mr. Fertitta said Landry's proposal is unique because they have the ability to develop, operate and manage the facilities and the marina. He said in the last 2%z years, Landry's has responded to four RFPs (in California, Houston, Galveston and Corpus Christi) and they have been the selection committee's choice in each instance. He discussed the strengths of the company and said the marina development will spur other economic development in the city. He said what makes Corpus Christi unique is its bay and bayfront, which he feels can benefit from his proposal. Responding to Mr. Noyola, Mr. Fertitta said they do not intend to eliminate any boat slips and if there is a way to build more, they will do so. He said Landry's owns and operates the marina in Kemah, which has 450 slips (the same size as Corpus Christi's marina). He added that they would be willing to enter into a joint venture as long as the other company can match them dollar for dollar in improvements. Mr. Fertitta also discussed his plans for the operation of the marina. Mayor Neal called for public comment on Item 15. Mr. Ralph Bowen, 706 Indiana Ave., said he is a representative of the Bay Yacht Club and its 108 members. He gave a definition of a marina, saying that entertainment and restaurant development is better suited to North Beach. He said Corpus Christi has a fixed amount of space on three land masses and limited access to them, as well as a limited population from which to draw for economic viability. Mr. Bowen said Landry's proposal will compete with development plans for Packery Channel. He said the Bay Yacht Club is asking the Council to reject all three proposals and direct staff to develop a new master plan for the waterfront. Ms. Donna Eskew, Executive Director of the Air Conditioning Contractor's Association, distributed a proposal she created for development of the marina. She said her proposal can generate additional tourism with restaurants and entertainment venues and will address concerns of the boat owners and marina operations. She said she thinks the "South Wharf" proposal can also proceed. Mr. Jeff Irion of IMG said they have never had difficulty obtaining outside funding for a viable project if they needed it. He said their concept does not concentrate development on the T - Heads and L -Head. He said their intention is to accommodate and provide for the sale of large boats and a series of parks along the bayfront, as well as a fisherman's wharf area. He said they are interested in the concerns of boaters and sailors. T r Minutes - Regular Council Meeting March 19, 2002 Page 9 Mr. Phil Rosenstein questioned why the Council went into executive session during a previous meeting to discuss the marina development project. He said he is against Landry's proposal because it will destroy something the public enjoys and parking will be very difficult. Mr. Andy Ficken, a marina tenant, said he is concerned about increased fees if development occurs in the marina. He also commented that parking there is at a premium and the marina should not be turned into a carnival area. Mr. Alan Dinn, Chairman of the Water/Shore Advisory Committee, said that at its last meeting the committee voted to not endorse staff's recommendation of Landry's proposal; however, they also did not vote to reject it. He said they need more information concerning how the proposal will affect the marina. Ms. Sylvia Whitworth, 36 Lakeshore Dr., said she and her husband rent a slip at the marina for their sail boat and they are active members of the Bay Yacht Club. She said she is opposed to both Landry's and Corradino's proposals but is in favor of Mr. Loeb's "South Wharf' plan. Ms. Lynda Schneck, 13513 Camino de Plata, said she is a boat owner and is very strongly against Landry's project. She said she likes Kemah but they have a large population from which to draw. In addition, Landry's proposed Aquarium Cafe would compete with the Texas State Aquarium and the planned Packery Channel development as a whole. Mr. Larry Frank, 6661 Bent Trail, said he is a marina tenant and Vice Commodore of the Bay Yacht Club. He said it is not realistic for the marina tenants to have to pay for the marina operations, which encompass a large area (from the barge dock to the coliseum). He said Corpus Christi's marina has a reputation for being unfriendly toward boaters, part of which is caused by their inability to stay aboard their boats. He said Landry's is only interested in making money through their restaurants and will not serve the marina. He urged the Council to not take any action on the marina development and to direct staff to work with the marina superintendent and the Water/Shore Advisory Committee to correct current mismanagement. Mr. William Walton, 333 Dolphin Place, said he is also a marina tenant. He said the bay is the focal point of Corpus Christi and the T -Heads are the focal point of the bay; as such, the bay's natural beauty should be respected. He also discussed the critical nature of parking and said that if Landry's proposal is approved, he will move his boat to another marina. Mr. Ron Chiles, 726 Imperial Harbor, said he is a member of the Bay Yacht Club and a marina tenant. He asked the Council to reject Landry's proposal and the RFP in general. He said the city is already full of restaurants and tourists come here to see the water --not restaurants. He said Corpus Christi will host Optimists (a kind of sailboat) on July 3-14, 2002, sponsored by the Corpus Christi Yacht Club. He urged the Council to meet with Bay Yacht Club members and to reject the Landry's project, which would be better suited on North Beach. Minutes - Regular Council Meeting March 19, 2002 Page 10 Mr. Glenn Blair, 7418 Vatter Dr., said he thinks a lot of development on the T -Heads and L -Head will be a distraction to that area. He said it should be built elsewhere. Dr. Martha Respondek, 121 Cole, said she is very active with sailboating and racing and is a member of the Bay Yacht Club. She said if the T -Heads are allowed to be turned into a carnival area, fewer sailboats will race because parking will be difficult and the boats will have to compete with the water taxis. She said once the marina is controlled by outside forces, it will be very difficult to get it back. Mr. Jerry Vaughn, 913 Miramar, said he is a long-time marina tenant and is strongly opposed to Landry's proposal. He said he has heard that Kemah is very noisy and does not serve its tenants. He said four restaurants on the T -Head will result in pollution and trash and parking will be very limited for marina tenants. He added that this proposal will compete with existing restaurants. Mr. Bill Sherko, 4534 Stony Creek Dr., said he is a marina tenant and member of the Bay Yacht Club. He asked the Council to reject all three proposals because they are too restricted to the bayfront. He said such development could occur elsewhere. He also questioned Landry's willingness to serve the marina tenants' needs. Mr. Jack Gordy said he is also opposed to Landry's proposal. He said the marina, which is the city's most precious asset, belongs to all the citizens. He recalled the controversy surrounding the land mass proposal several years ago. Ms. Connie Vallie, 302 Waverly Dr., said the bayfront is used not only by boaters but by people enjoying several free activities, such as bike riding, walking and skating. She said improvements could be made to the marina and the city's parks. She questioned whether market studies have been conducted on the viability of the development; the damage that could be caused by hurricanes; and the difficulty of maintaining excessive landscaping. Mr. Mike Morgan, 4726 Congressional, said when he was younger he could not wait to get out of Corpus Christi. However, he has since moved back and realized that the city's bayfront and Padre Island are unique. He said the downtown area needs to be developed. Judge Robert Blackmon, 610 Delaine, said he is not against improving the T -Heads but he is opposed to this development. He said he was speaking on behalf of several youth with whom he sails in the marina. He said if Landry's project is built, he does not see how sailing crews will be able to conveniently reach their boats with all their equipment. In addition, the development will effectively take over the Lawrence Street T -Head. He added that there has been no discussion about the management of the marina and he urged the Council to reject Landry's proposal. Mr. Roy Pell, 5022 Rasputin Court, said he is a marina tenant and active participant in waterfront activities. He said the marina's reputation has dwindled and most of the tenants are opposed to this development. He quoted from the RFP, saying there is very little mention about marina development that will benefit boaters, the customers for whom the marina exists. Minutes - Regular Council Meeting March 19, 2002 Page 11 Mr. Cliff Atnip, 358 University, said if people are fearful of change, it will paralyze this city. He said he is also a boater but he does not believe the marina is just for boaters; rather, it is for every citizen. He said he believes Landry's is willing to make the concessions the boaters want and he discussed the importance of promoting tourism. He also commented about plans to build a parking garage across from the marina and he urged the Council to consider this or other proposals. Mr. J.E. O'Brien, 4130 Pompano, said he thought improving the bayfront and marina is a noble goal but its complexion should not be changed. He urged the Council to not turn the bayfront into another economic development scheme and to instead focus on improved marina management. Ms. Judy Ovard, 15353 Caravel Dr., said she has been sailing for many years and she has been advocating a functional, prime marina. She said the city needs to build accommodations for transient and large -vessel boaters and develop a positive public relations campaign for the marina. Mr. Jose Marroquin, 2433 Allencrest, said the issue on the November 2000 ballot was for seawall repairs but now the Council is promoting economic development of the bayfront. He said this development will destroy the natural beauty of the bay. Mr. Mark Adame, 6122 Lost Creek, said Landry's is trying to create an exciting environment for Corpus Christi and they have succeeded in doing so in many other cities. He encouraged the Council to support Landry's proposal. Mr. Henry LaMare, 7413 Vatter Dr., said he supports Landry's project, which can draw more people to the downtown area. He noted that Corpus Christi residents frequently travel to San Antonio to enjoy its amenities. He said if there are interesting things to do here, his children will want to stay in Corpus Christi. He urged the Council to approve Landry's plan. Ms. Gladys Choyke, 15321 Cartagena Court, said the plan is to develop a "marina improvement project." She said Landry's proposal does nothing to improve the marina and she urged the Council to reject it. Mr. Joe Adame, 1818 Graham Road, expressed concern about the people who resist change in Corpus Christi. He said he thinks it is time to move forward. He said through his travels he realizes that this city has many assets but they are not being taken advantage of. He said he knows how difficult it is to finance a real estate project and Landry's has the capability of doing so. Council Member Kinnison asked Mr. Adame, who is the chairman of the Corpus Christi Regional Economic Development Corporation, if they have discussed this issue. Mr. Adame replied that they have not but they can put it on their agenda and bring back a recommendation. Ms. Jill Thomas, 353 Jackson, said she is 14 years old and is active in the Seascout Ship One group. She said that sailing is very important to her and she is opposed to this proposal because she thinks it will be much more difficult to enjoy her hobby. Minutes - Regular Council Meeting March 19, 2002 Page 12 Dr. Mike McCutchon, 203 Jackson Place, said he has been involved in organizing two world - champion regattas this year (the Optimists regatta in July and the J-22 world championships in October). In addition, Corpus Christi is a strong contender for the sailing events of the 2007 Pan American games. He said if the marina is developed to the detriment of sailing, it will negatively affect the city. He said a $1.7 million grant from the General Land Office to dredge the marina is a huge coup and, as a result, the city does not need to sell out the marina anymore. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mayor Neal called for a brief recess. Upon reconvening, the Mayor thanked the citizens who gave their comments, the companies which responded to the RFP, and city staff. Mr. Kinnison said this public hearing provided a good opportunity for dialogue and raised many questions for him. He said he would like more information about what is entailed in being "boater -friendly" as well as how to address the parking concerns. He said he would also like input from several entities, such as the Downtown Management District, the EDC, Convention and Visitors Bureau, Corpus Christi Yacht Club, Chamber of Commerce and Hispanic Chamber of Commerce. Council Member Chesney said this has been a very difficult issue for him and other Council members. He said that while they promote increased economic development, he feels staff should have first developed a marina master plan and obtained public input before soliciting proposals. He also thinks staff should develop a plan to accommodate live-aboards. He said the Council needs more information and he hopes that Landry's representatives will work with boaters to address their concerns. Mr. Kinnison suggested that rather than consider this issue next week, the Council should wait until late April, such as April 23, 2002. Council Member Noyola agreed that input is needed from many entities and individuals. Council Member Colmenero discussed the importance of retaining Corpus Christi's unique characteristics while still moving forward. He raised specific questions concerning parking, term of the contract, and other issues. Council Member Kelly said city staff did what they were asked to do and he agrees the Council needs more input from affected groups. He said he thinks in their latest proposal, Landry's is attempting to address the boaters' concerns and he asked if there is room for negotiation. City Manager Garcia said in the sequence of events staff provided, one of the tasks is to select a successful respondent to the RFP so that detailed negotiations can be initiated in order to flesh out the proposal. He said based upon the comments made by both the public and the Council, it appears that most people were responding to Landry's proposal, as opposed to the proposals from the Corradino Group and International Marina Group. Mr. Garcia went on to say that one of staff's major concerns --and part of the motivation of the whole RFP process --was how to upgrade the quality of the marina and make it a more boater - friendly facility. He said the only way they saw to do that was to bring in outside resources, and staff felt that the only group that had the resources to adequately perform under the terms of the RFP was T Minutes - Regular Council Meeting March 19, 2002 Page 13 the Landry's group. He said staff can meet with Landry's representatives as well as the entities specified by the Council and bring back a more fully developed concept. Mr. Kelly said one of the programs he would like to see accommodated is the Seascouts. Council Member Garrett said he does not think they are putting enough emphasis on the marina, including its infrastructure. He said there should be less emphasis on entertainment venues and restaurants. He said the T -Heads are very important to this community. Mayor Neal said something needs to be done to upgrade the marina and the Council needs to consider the options. * * * * * * * * * * * ** Mayor Neal referred to Item 16 and a motion was made, seconded and passed to open the public hearing to consider abandoning and vacating a 2,000 -square foot portion of a 20 -foot wide alley right-of-way between Lots 9, 10, 11 and 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right-of-way. Mr. Stowers explained that the owner is requesting this action on the alley section on North Beach in order to construct a building. He said the fair market value appraisal is $12,000. No one appeared in opposition to the proposal. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for their votes: 16.b. ORDINANCE NO. 024805 Ordinance abandoning and vacating a 2,000 -square foot portion of a 20 -foot wide alley right- of-way between Lots 9, 10, 11 and 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right-of-way; requiring the owner, Mr. Alan Carmeli; to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Chesney, Colmenero, and Scott absent. ************* Mayor Neal deviated from the agenda and opened discussion on Item 18 related to the firefighters contract. City Manager Garcia explained that city staff and the Corpus Christi Firefighters Association (CCFFA) have been working on this issue for about eight months. During the weekend they reached a tentative agreement that staff feels satisfies the firefighters' concems and they agreed to take it to their members. Mr. Noe stated that the last agreement with the CCFFA expired on July 31, 2000 and the union elected to forego a new contract in FY 2000-01 and operated under the "evergreen" clause. He said the CCFFA circulated petitions which were submitted to the city and the signatures were verified. Mr. Noe said the term of the proposed agreement is through July 31, 2003 and the only other amendment is regarding wages. He said there is one across-the-board raise which affects all Minutes - Regular Council Meeting March 19, 2002 Page 14 job classes but there was also an emphasis by the union to address the differential between Firefighter I and Firefighter II, as well as to provide for a greater progression for Firefighter II. Mr. Noe said this agreement is consistent in terms of the overall dollar amounts with the agreement that was reached with the Corpus Christi Police Officers Association (CCPOA) in the current fiscal year. He said there is what is called a "me too" clause linked to any CCPOA increase in FY02-03. He said the CCFFA's proposed agreement contains the following wage adjustments: 3% retroactive to August 1, 2001; March 1, 2002 step adjustments (averaging 2.4%); and November 1, 2002 step adjustments (3%). He noted that the last two adjustments were made to all classes but there are differential raises within various ranks to accomplish the union's goals. Mr. Noe said the settlement precludes a wage election; is consistent with previous policies; and is within acceptable limits for FY02-03. He said staff is recommending approval of the proposed resolution, which gives a counter -proposal to the petitioners that is the agreement they have reached. He said the resolution also states that if the petitioners agree to it, staff is authorized to execute a labor contract with the union with the changes that are spelled out in the first attachment. Mr. Carlos Torres, CCFFA President, said the reason the union decided to forego a new contract in FY00-01 was because of the financial difficulties the city was experiencing at that time. He said the CCFFA and city staff went through about eight months of negotiations as well as mediation. After a tentative agreement was reached last weekend, the union representatives worked hard to inform the members about it. Out of 295 union members, 239 voted for the contract, 21 voted against it and the contract was ratified. He thanked the Council, city staff, firefighters, police officers and citizens for their support. He dedicated the election to all the New York City firefighters, police officers and public safety officials who gave the ultimate sacrifice on September 11, 2001. Mr. Torres then introduced the members of the petitioning committee: Capt. Eddie Amaya, Fire Station No. 11; Capt. Clark McAllister, Fire Station No. 5; Capt. John Tanguma, Fire Station No. 1; and Firefighter II/Engineer David Martinez. He said he thought this was a mutually beneficial agreement. Mayor Neal and the Council members thanked Mr. Torres, the union members, and city staff for reaching an agreement. City Secretary Chapa read the caption of the proposed resolution. There were no other comments from the audience. Mr. Chapa then polled the Council for their votes: 18. RESOLUTION NO. 024806 Resolution approving a new collective bargaining agreement with the Corpus Christi Firefighters Association, subject to acceptance of the agreement by the Committee of Petitioners as an alternative salary proposal pursuant to Texas Local Government Code Section 141.034(g). The foregoing resolution passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Colmenero and Scott absent. * * * * * * * * * * * * * Minutes - Regular Council Meeting March 19, 2002 Page 15 Mayor Neal called for petitions from the audience. Mr. Jose Marroquin, 2433 Allencrest, questioned why several large companies are allowed to have delinquent utility accounts. He also said that a city staff member should be reprimanded for comments he made to the media about a specific customer who had her utilities disconnected. Mr. Marroquin said the error was made by her bank and was not her fault. He said the staff member should also formally apologize to the woman. Mr. Jack Gordy, 4118 Bray, said that in 1999 a list was sent to the appraisal district with the names of the Mayor, Council members, and two city employees who were drawing car allowances. He said as of today there are 51 city employees drawing car allowances (which is different from mileage reimbursement). Mr. Gordy also commented on the upcoming executive session regarding the City Manager and he said that the city pays out $234,000 in car allowances. * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda (Item 17) regarding the multi- purpose arena and convention center projects. Deputy City Manager Noe said the project designs are about 60% complete and the team wanted to present them to the Council. Mr. Raymond Gignac of Gignac & Associates introduced the other members of the design team: Andrew McLean and Kevin Gordon of Thompson, Ventulett, Stainback & Associates, and Robert Fatovic and Bob Given of Architectonica. Using several diagrams, Mr. Gignac emphasized the connection that the arena and the convention center have to each other and to the Selena Auditorium. He said those facilities also relate to the Art Museum of South Texas and the barge dock. He said the designs have the following color designations: yellow- circulation space (entrances and lobby); blue- back of house or service areas (locker rooms, kitchens, etc.); deep red - vertical circulation; and dark rose - revenue - generating spaces (arena seats and convention center meeting rooms and Selena Auditorium). Mr. Gignac pointed out that the convention center ballroom and public circulation areas are oriented toward the bay in recognition of its unique attributes. Mr. McLean further discussed the design of the convention center and Mr. Fatovic addressed the arena's design. They pointed out that both facilities are being designed with the anticipation of future expansion. Mr. Gordon discussed the specific materials that will be used. Mayor Neal said the team was following the Council's direction in its design of the facilities. The architects, Mr. Garcia and Mr. Noe then responded to Council members' questions. Mr. Noe said they are anticipating beginning construction in November 2002 with completion in 18 to 22 months (summer of 2004). He added that next week there will be a discussion about the construction process, including a recommendation from the major projects committee. ************* Mayor Neal announced the executive session (Item 19), pursuant to Texas Government Code Minutes - Regular Council Meeting March 19, 2002 Page 16 Section 551.074, regarding the City Manager. The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. Mr. Garcia said that on March 26th there will be a joint meeting at noon with the board of the Crime Control and Prevention District, followed by the regular Council meeting at 1 p.m. He said items to be addressed at that meeting include the skate park, compensation study, and arena and convention center construction issues. Mr. Garcia noted that the Council decided during their retreat on March 15, 2002 to hold a Council meeting on April 2nd to hear a series of presentations about the capital improvement program. He said the Council also decided to cancel the April 9th meeting because of the April 2nd meeting. In his report, Mayor Neal asked how staff plans to communicate the discussions the Council had during their retreat last week. Mr. Garcia said staff can develop that information. The Mayor also requested a presentation next week on the cost comparison of euthanasia methods in the Animal Control facility. He then called for Council concerns and reports. Mr. Garrett said that flooding is occurring in the 5700 block of Wood Street as a result of the Crosstown exchange construction. He also commented favorably on the firefighters contract. Mr. Noyola questioned why there is now a four-way stop at the intersection of Crosstown access road and Gollihar. Mr. Stowers said that is a Texas Department of Transportation project. Mr. Noyola also said he has been told that Time Warner is planning to do away with its editing capabilities in the local studio. Mr. Garcia said staff will provide information. Mr. Longoria asked about the housing presentation. Mr. Garcia said it is scheduled for next week. Mr. Longoria also commended Mr. David Seiler, Traffic Engineer, who is retiring from the city. Mr. Chesney expressed his condolences to the McCullough and Billish families for the losses of their loved ones, Tom McCullough and Don Billish. Mr. Chesney also announced that he, Mr. Garrett and Mr. Scott will be hosting a town hall meeting on March 25th at 6:30 p.m. at Island Presbyterian Church. He reiterated that the marina development will be further discussed at the Council's April 23rd meeting and he echoed Mr. Longoria's praise of Mr. Seiler. Mr. Chesney also commented on the importance of developing a policy for live-aboards in the marina. Mr. Garrett asked about the median landscaping on Leopard Street. Assistant City Manager Ron Massey said that TXDOT will issue a change order to the contractor to do the landscaping. Mr. Garrett also commended Mr. Seiler. Mayor Neal thanked Nueces County for making a payment on MetroCom and all the people involved in that issue. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 7:40 p.m. on March 19, 2002. * * * * * * * * * * * * *