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stated that Item 6 was withdrawn by staff.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
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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
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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.
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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.
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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.
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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.
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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.
* * * * * * * * * * * * *