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HomeMy WebLinkAboutMinutes City Council - 04/23/2002I 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 April 23, 2002, which were approved by the City Council on April 30, 2002. WITNESSETH MY HAND AND SEAL, this 30th day of April 2002. Armando Chapa City Secretary SEAL PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison John Longoria Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 23, 2002 - 2:07 p.m. City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Secretary Mary Juarez Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Willie Davila, Church of Reconciliation, and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. 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 and regular Council meetings of April 16, 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: Board of Adjustment Peter Mahaffey (Reappointed) Thomas McDonald (Reappointed) Robert Broadway (Reappointed) Louis Alvarado (Reappointed) Charles Schibi (Reappointed) John Martinez (Reappointed) Gene Clancy (Reappointed) Airport Board Jerry Kane (Reappointed) Frank "Rocco" Montesano (Reappointed) Willard Hammonds Sr. (Reappointed) Glenn Lyons Arts and Cultural Commission Anna Flores * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-15). City Secretary Chapa stated that Items 6.a. and 6.b. were withdrawn and that Council Member Noyola would be abstaining on Item 13. Council members requested that Items 8, 12 and 15 be discussed. There were no comments from the audience. Mr. Chapa polled the Council for their votes as follows: 3. M2002-107 Motion approving the purchase of nine heavy trucks in accordance with Bid Invitation No. Minutes - Regular Council Meeting April 23, 2002 - Page 2 BI -0059-02 from the following companies for the following amounts based on low bid for a total amount of $556,629. Eight units are replacements and one unit is an addition to the fleet. Funds are available from the FY2001-2002 Capital Outlay Fund. Crosstown Ford Sales, Inc. Fleetpride Power Equipment Grand Corpus Christi, Texas Corpus Christi. Texas Total: 7 Units 2 Units $556,629 $418,941 $137,688 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 4. M2002-108 Motion approving the purchase of two tractor loader backhoes from the following companies for the following amounts in accordance with Bid Invitation No. BI -0063-02 based on low bid for a total of $110,762. The backhoes will be used by the Storm Water and Water Departments. One unit is an addition to the fleet and one is a replacement. Funds are available through the FY2001-2002 Capital Outlay Fund. Crescent Machinery Company H&V Equipment Service Inc. Grand Corpus Christi. Texas Corpus Christi. Texas Total: Bid Item 2 Bid Item 1 $110,762 $46,989 $63,773 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. M2002-109 Motion authorizing the City Manager or his designee to execute an engineering services contract with Bath Engineering in the amount of $96,900 for replacement and upgrade of the City Hall heating ventilation and air conditioning chillers and control system. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.a. WITHDRAWN ut1O1 appiovmg tnc ruinC)urM.,uicut application SullInIttl,(] Liy Uia5l.ltOn Lain Vc • wi1c4 aiiu u1,v1/4,rvp1/4,1/4 vi 1111, r 4LA ar vw.va. wu vaso Juvuly lalvu twuv wui wiuprl,u, • vllou ul.uvil vi ail, IUII ouwr), rv1 il,uiivul ol.uil,iir v[ ucvl,rvpci a 1, • • z\ugttst 22, 2000. auueil l)i Ainancl. Na. 0241J4 air Minutes - Regular Council Meeting April 23, 2002 - Page 3 6.b. WITHDRAWN • • •, • _ :.I '.1 • ::1 • 1, Subaceoa.lt No.6010-263033, to pay Brazcltun Land Vell tures Ine.'s request fur lci.ul�uir,ci.teiit in aceo.dante vvit11 the Plattutg Otditlatle.. t0 fu.nl euuatiuctiuu of Half ol.wt (with suppo.ting puhlic utility infrastructure) required by d�velopn.ettt of The Village at Du..harton Oak Unit 1 Subdivisiotl, said co„struct,on having ptcv.ously hcc.t d�fe.tea fvt J1. in lieu of cot.struclion during platting - 7. ORDINANCE NO. 024834 Ordinance authorizing the City Manager or his designee to execute a participation agreement with Corpus Christi Independent School District (developer) for public street improvements on Cimarron Boulevard, Lot 1, Block 14, Unit 5, Cimarron Crossing, in accordance with the Platting Ordinance, not to exceed $14,137.27 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, Noyola, and Scott voting "Aye.” 9. RESOLUTION NO. 024835 Resolution approving the submission of a grant application in the amount of $69,995 to the State of Texas, Office of the Governor, Criminal Justice Division for funding to continue a project in the Police Department to prevent minors from purchasing and consuming alcohol. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.a. M2002-111 Motion authorizing the City Manager or his designee to accept the Summer Food Service Program Grant from the Texas Department of Human Services to provide summer lunches and snacks to citizens ages one to eighteen years at summer youth recreation programs throughout the community. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.b. ORDINANCE NO. 024836 Ordinance appropriating a grant in the amount of $446,823 in the No. 1050 Federal/State Grants Fund from the Texas Department of Human Services to operate a summer food service program for summer recreation program participants ages one to eighteen years. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Minutes - Regular Council Meeting April 23, 2002 - Page 4 Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.c. RESOLUTION NO. 024837 Resolution authorizing the City Manager or his designee to execute an interlocal cooperation agreement with Corpus Christi Independent School District to provide summer food services for summer recreation programs. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.d. RESOLUTION NO. 024838 Resolution authorizing the City Manager or his designee to execute an interlocal cooperation agreement with Corpus Christi Independent School District to provide transportation services for youth recreation programs. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11. RESOLUTION NO. 024839 Resolution dedicating resources with the commitment of Exhibition Hall "B" at the Bayfront Convention Center at a cost of $4,600 to support the bid for the 2005 Joint Institute and Trade Show of the Texas Recreation and Park Society and the Texas Park and Wildlife Department, submitted by the Park and Recreation Department to be held in Corpus Christi March 8-12, 2005. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." I3.a. RESOLUTION NO. 024841 Resolution authorizing the City Manager or his designee to accept Grant Offer No. 3-48- 0051-33-02 for $638,880 from the Federal Aviation Administration for additional security and other expensed costs incurred as a result of the events of September 11, 2001. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 13.b. ORDINANCE NO. 024842 Ordinance appropriating $638,880 from the Federal Aviation Administration Grant No. 3-48- 0051-33-02 in the No. 1050 Federal/State Grants Fund for the Federal Aviation Administration Department of Defense, Fiscal Year 2002 appropriation for additional Minutes - Regular Council Meeting April 23, 2002 - Page 5 security operation costs and other expensed costs incurred as a result of September 11, 2001. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 14. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year lease with Santa Fe Soccer League, a non-profit organization, for the use of City property, North Pope Park and South Pope Park, for its soccer program and in consideration of Santa Fe Soccer League maintaining the premises and improvements. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, automatic vehicle locator (AVL) systems. Responding to Council Member Kinnison, Police Capt. Wayne Tisdale explained that additional AVL systems are being purchased to be installed in police vehicles that are additions to the fleet as well as five DARE vehicles that will be used by directed patrol officers. City Secretary Chapa polled the Council for their votes as follows: 8. M2002-110 Motion approving the purchase of eleven automated vehicle location systems from Siemens of Cedar Rapids, Iowa, for the total amount of $77,000. The equipment is for the Police Department funded through the Law Enforcement Block Grant and the Crime Control and Prevention District. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, U.S. Environmental Protection Agency (EPA) grant. In reply to Council Member Colmenero, Mr. Ed Garana, Water Superintendent, said the purpose of this grant is to determine the vulnerability of the city's water supply to terrorist activities. Council Member Scott expressed concern that extensive security measures could cost an exorbitant amount. He asked if federal money is available for increasing security measures. Mr. Garana said the city has previously received grant monies from the Bureau of Reclamation for another security project. Assistant City Manager Ron Massey pointed out that it is prudent for the city to conduct a vulnerability assessment and staff expects there to be additional federal funds available in the future Minutes - Regular Council Meeting April 23, 2002 - Page 6 to improve security. Mayor Neal said that in conjunction with some of the Homeland Security initiatives, cities with populations over 100,000 were asked to apply for the EPA grant, which is part of an $80 million fund that was established after the terrorist attacks of September 11, 2001. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 024840 Resolution authorizing the City Manager or his designee to submit a grant application to the United States Environmental Protection Agency in the amount of $115,000 for a vulnerability assessment of the city's water supply. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, marina boat haul -out. Responding to Council Member Colmenero, Mr. Tony Cisneros, Director of Park and Recreation, said that previously the ordinance included a limitation on the length of the boats that could use the travel lift on the Cooper's Alley L -Head. He said that advancing technology in boat design has significantly reduced the weight of boats. Consequently, staff would like to remove the length limitation in the ordinance to accommodate larger boats that do not exceed the weight limitation. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Ordinance amending Section 12-75(a) of the Code of Ordinance to remove limitations on the size of vessels that can be hauled out for repair on the L -Head. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 16 and a motion was made, seconded and passed to open the public hearing on the following zoning case: 16. Case No. 0302-03, Christus Spohn Health System: A change of zoning from an "A-1" Apartment House District to an "I-3" Heavy Industrial District on Ocean View Addition, Block 1, Lots 4, 5, and 6, located on the west side of Ocean Drive, approximately 150 feet south of Morgan Avenue. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-3" and in lieu thereof, approval of an "AB" Professional Office District with a special permit for a six -story building and a roof helipad subject to a site plan and five (5) conditions. Minutes - Regular Council Meeting April 23, 2002 - Page 7 In response to Mayor Neal, Mr. Michael Gunning, Planning Director, said that Christus Spohn Health System applied for the "I-3" zoning in order to accommodate the relocation of the helipad and the increase in height of the planned six -story pavilion. He said the base zoning of "AB" Professional Office District has a height restriction of 45 feet, which is the reason for the special permit. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Colmenero and passed. Mr. Chapa polled the Council: 16. ORDINANCE NO. 024843 Amending the Zoning Ordinance upon application by Christus Spohn Health System by changing the zoning map in reference to Lots 4, 5, and 6, Block 1, Ocean View Addition, (currently zoned "A-1" Apartment House District) by granting a special permit for a six -story building (104 feet from average grade level of building) and a roof helipad site use subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 17 and a motion was made, seconded and passed to open the public hearing on the following zoning case: 17. Case No. 0302-05. Medical Square. Ltd.: A change of zoning from an "AB" Professional Office District to a "B-4" General Business District on Riverside Hospital Tract, Block 1, Lot 2, located on the south side of Northwest Boulevard at the Wildcat Drive intersection. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Scott and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024844 Amending the Zoning Ordinance upon application by Medical Square, Ltd., by changing the zoning map in reference to Lot 2, Block 1, Riverside Hospital Tract, from "AB" Professional Office District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Minutes - Regular Council Meeting April 23, 2002 - Page 8 Mayor Neal referred to Item 18 and a motion was made, seconded and passed to open the public hearing on the following zoning case: 18. Case No. 0302-06. Meyer & Garza Properties Ltd.: A change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District on South End, Block 1, Lot J, mid 50 feet of east 1/2 of Lots 4-J, Lot M, north 'h of south 1/2 of west 1/2 of Lot 4-M, and Lot N, south 1/2 of south '/z of west % of Lot 4, located between South Carancahua and South Tancahua Street, north of Coleman Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "AB" Professional Office District. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Scott and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024845 Amending the Zoning Ordinance upon application by Meyer & Garza Properties Ltd. by changing the zoning map in reference to the following lots out of Block 1, South End: Lot J' mid 50 feet of east % of Lots 44 and M; north 1/2 of south % of west 1/2 of Lot 4-M; Lot N; and the south 1/2 of west' of Lot 4 by changing the zoning from "A-1" Apartment House District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 19 and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. 0302-07. Island in the Son, U.M.C.• A change of zoning from "F -R" Farm -Rural District to an "AT" Apartment Tourist District on Mustang Island, being 4.99 acres out of Tracts B and C, located on the west side of State Highway 361, north of the Packery Channel and south of Newport Pass. City Secretary Chapa said the Planning Commission and staff recommended denial of the "AT" District and in lieu thereof, approval of an "RE" Residential Estate District. Mr. Gunning said that recommendation was made because "AT" has too high of a density, particularly for property on the west side of Hwy. 361. He said the church elders have concurred with the recommendation. The purpose of the rezoning to "RE" is to minimize the lot size of the property in order to lower the development fees as part of the final plat. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Scott and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 23, 2002 - Page 9 19. ORDINANCE NO. 024846 Amending the Zoning Ordinance upon application by Island in the Son, U.M.C., by changing the zoning map in reference to 4.99 acres out of Tracts B and C, Mustang Island, from "F -R" Farm -Rural District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 20 regarding the status of the Packery Channel project. Using a computer presentation, Deputy City Manager Noe briefly reviewed the project's history. He said that Packery Channel was originally the only tidal inlet providing access to Corpus Christi Bay and the Laguna Madre before the construction of the ship channel in Port Aransas in 1923. As a result, sand deposits in Packery Channel increased and it closed up in the late 1920s. He said the statutory authorization for the project is the Water Resources Development Act (WRDA) of 1999, which states that the Secretary of the Army is directed to carry out a project for ecosystem restoration and storm damage reduction at North Padre Island at a total estimated cost of $30 million ($19.5 million federal and $10.5 million non-federal) if the Secretary determines that the work is technically sound and environmentally acceptable. The second portion of the presentation was made by Mr. Angel Escobar, Director of Engineering Services, regarding initial construction estimates for the Packery Channel project. He said the channel length is approximately 18,700 linear feet from the Intracoastal Waterway to the Gulf of Mexico. The channel width is 140 linear feet at Reach 1 (at an elevation of -11 mean sea level) and 80 linear feet at Reach 2 (at an elevation of -7 mean sea level). The water jetties are 1,430 linear feet and the land jetties are 700 linear feet. Mr. Escobar also reviewed the project schedule, noting that next month public meetings will be held about the environmental impact statement as well as approval of the new General Land Office (GLO) lease. Following additional steps, including the approval by the Assistant Secretary of the Army in July 2002, staff will bring to the Council the proposed project cooperation agreement. Mr. Escobar then discussed the concept of "value engineering," which is a process used to study the elements of a project. He said it takes a critical look at alternative ways to achieve the same functions while decreasing the cost of the project. In late March 2002, the value engineering team met with city and Corps of Engineers (COE) representatives to discuss 112 speculations, resulting in 26 viable proposals. Of those, five to six are under further consideration. The schedule includes award of the construction contract in September 2002, followed by actual construction of the jetty foundations, bulkheads and rock jetties through June 2004, with dredging of Reach 2 to take place September 2003 -March 2004 and dredging of Reach 1 scheduled for June -September 2004. The Engineering Director said the Packery Channel project will enhance public access to Gulf Beach by constructing significant beach nourishment and beach parking (under Phase 2). In Minutes - Regular Council Meeting April 23, 2002 - Page 10 addition, it has been found to be consistent with the city's beach access plan, applicable state law, and Nueces County's beach management plan. It will displace approximately 5,670 cubic yards of dune (to be mitigated on a one-to-one basis) and eliminate three acres of beach in the immediate area; however, there will be an additional net increase of 37 acres of new beach (a 13 -to -1 mitigation ratio). He said Phase 2 of the project will include numerous public amenities, which he described. Mr. Escobar said the city has been asked to move the site of the channel 150 feet to 200 feet to the south, provided it does not adversely affect the project construction schedule or cost. The COE has stated that doing so will increase the time by four months and the cost by $400,000. He also discussed the breakdown of the original estimated cost (developed in February 1999) of $30 million. With a 3% inflation rate per year for three years, the total project cost is $32,781,000. After the value engineering analysis is completed, the total construction cost is anticipated to be $31,093,548. Assistant City Manager Jorge Cruz-Aedo then discussed financial aspects of the project. He said the financing team consists of: Coastal Securities, financial advisor; RBC Dain Rauscher, underwriter; and McCall, Parkhurst & Horton, bond counsel. He said previous actions have included meetings with the developer, local financial institutions and third -party investors as well as the drafting of the financial documents. Mr. Cruz-Aedo described the preliminary structure of the financing plan. He said that based on the engineering estimates, they are seeking $10 million to $12 million in refundable bonds with private placement. He added that, ideally, there should be some commitment by the developer to participate in the financing of the project. In addition, the financing will probably involve long-term, high -yield instruments with custom structure. The target date for the sale of the bonds is August or September 2002. Mr. Cruz-Aedo also discussed the revenue projections (both conservative and optimistic) for the tax increment financing (TIF) district. He said it is anticipated that the TIF will have modest growth in the first few years. After about 2007, the expectation is that the TIF will have the financing mechanism to pay for the project. Council Member Kinnison asked if the figures on the left-hand side of the chart represented cumulative revenues, and Mr. Cruz-Aedo said they did. He said the TIF revenue for 2001 was estimated to be $62,007 while the actual revenue was $153,198. The fourth element of the presentation was regarding legislative issues. Mr. Tom Utter, a consultant on the project, said that on February 12, 2002, the GLO provided $1.25 million from the State Coastal Erosion Planning and Response Act. Mr. Utter credited State Rep. Gene Seaman and GLO Commissioner David Dewhurst for helping to acquire that funding, which must be expended by August 31, 2003 or it will revert to the state. Also, this month the GLO and the Attorney General's Office approved a beach -front construction permit and the GLO lease of Packery Channel property under construction by the state is expected to be finalized in May. Mr. Utter said that the WRDA for federal fiscal year 2002 contains $1 million for new construction and the city has requested $6 million for the next federal fiscal year. Responding to Mayor Neal, Mr. Escobar said staff asked the COE what the cost would be to redesign the project to relocate the channel 150 feet to 200 feet south. He said the COE estimates Minutes - Regular Council Meeting April 23, 2002 - Page 11 it will cost $400,000 and will result in a delay of up to four months. He said there are costs associated with implementing value engineering concepts, but they would be offset by the savings that would be achieved. He described the five proposed value engineering elements, which will not delay the project if they are implemented. The Mayor also asked about the "drop -dead" dates. City Manager Garcia said the first casualty of a delay is the state funding of $1.25 million, which must be expended by August 31, 2003. Mr. Utter noted that that funding is part of the local share of $10.5 million. Mr. Escobar said that while the total project cost is about $30 million, the amount of money that would be needed and utilized in the first fiscal year is about $6 million to $7 million and the city's share of that is one- third. Mr. Garcia said the assumption is that the project will stay on schedule. Council Member Scott asked if the dredge material will be placed on Packery Channel Park. Mr. Escobar said that is not correct because the sand is proposed to be put on the beach while the silt (dredge) material will be placed in the turning basin of Reach 1, where it will then be diluted and placed on the south or north beach of the jetties. In response to additional questions from Mr. Scott, Mr. Escobar said the 300 -foot spurs on either side of the jetties were eliminated and a sand by-pass conduit has been added to facilitate the city's future ability to move sand back and forth. Mr. Scott complimented staff for their efforts. Council Member Longoria said he wants to ensure that there is public access on both sides of the project. Mr. Escobar referred to an aerial photograph to describe the four tracts in the GLO lease area. Mr. Garcia said that one of the problems the city has in financing the project is the development program. He said the challenge is to identify potential development of which the tax increment will go to meet the debt service to the persons or institutions that buy the bonds. Mr. Garcia added that several members of the Nueces County Dune Commission requested that the channel be moved south only if it does not adversely affect the project's timing or cost. However, as previously stated, it will result in an increase of four months and $400,000 and possibly jeopardize the state funding. Therefore, he said, city staff is not recommending moving the channel and the proposal before the Council today is that the project stay on the existing implementation schedule. Mr. Garcia also discussed the proposed public access on both sides of the channel. Responding to a question from Mr. Longoria, Mr. Cruz-Aedo said the tax increment drives the revenue stream for the TIF district. Mr. Noe said staff can provide the Council with additional information about the revenue projections. Mr. Cruz-Aedo pointed out that there has been continued growth on the island outside the TIF boundaries. He said most of the property within the TIF is undeveloped and 100% of the value of any new development in the district is captured as TIF revenues. A brief discussion ensued and Mr. Noe pointed out that according to the projections, the revenues to be generated are significantly greater than will be necessary to pay off the bonds. In reply to Council Member Colmenero, Mr. Noe said the city might be able to play a role in facilitating or accelerating private investment in the TIF. Mr. Utter said that historically once the WRDA monies have been appropriated, they have stayed with the Corps of Engineers. On the other hand, he said it is doubtful that additional state monies will be forthcoming. Minutes - Regular Council Meeting April 23, 2002 - Page 12 Responding to Mr. Kinnison, Mr. Cruz-Aedo said project planners are hoping that the bonds will be issued in various tranches (increments), although a full commitment for the complete purchase of the bonds should occur at the time of the sale. He said the interest rate may be 9% or higher due to the speculative nature of the TIF. Mr. Noe said staff used the revenue values contained in the study, not the tax rates. Mr. Kinnison asked if the information was adjusted to reflect Del Mar College's stated intent to not remain in the TIF and the changed economic conditions following September 11, 2001. Mr. Cruz-Aedo said staff has not made any adjustments to the study. Mr. Noe said updated information will be provided to the potential bond purchasers. He said staff continues to meet with the developer about the possibility of buying the bonds but staff believes that the project will benefit the community and development will occur irrespective of one particular developer. Mr. Kinnison said it is important to deliver to the voters what they approved. Mr. Scott said he hopes staff continues to pursue this project and he assumes that any potential bond purchasers would understand the risks that are involved. He asked that staff conduct additional discussions with COE officials regarding the possibility of moving the channel. Mayor Neal said he thinks this is the one window of opportunity available to construct Packery Channel and he would like to see it accomplished. He then called for a brief recess. (*For the record, Council Members Garrett and Kelly filed disclosure ajdavits in the City Secretary's Office and did not participate in any of the discussion about Packery Channel.) * * * * * * * * * * * * * Upon reconvening, Mayor Neal opened discussion on Item 21, proposed adjustments to the City Council single -member district boundary lines. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE Ordinance equalizing the single -member districts for the election of City Council members in accordance with the City Charter; providing for submission of the reapportioned districts for preclearance from the U.S. Department of Justice. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, marina promotional programs. City Manager Garcia said that regardless of what happens with the development of the marina, there are several adjustments that need to be made in the current year and next fiscal year. Responding to Mayor Neal and Council Member Kinnison, Mr. Cisneros said this action does not affect the youth programs but Minutes - Regular Council Meeting April 23, 2002 - Page 13 it allows for more flexibility with the marina fee schedule. He said staff is hoping that it will increase the city's revenue. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 024847 Resolution authorizing an amendment to the Fiscal Year 2001-2002 Park and Recreation Department Fee Schedule, pursuant to Section 36-7 of the Code of Ordinances, by adding marina promotional programs. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, universal emergency number (E9-1-1) service. City Secretary Chapa said Item 23 needs to be amended and he read the proposed amended motion. There were no comments from the audience. Council Member Noyola said the Council had received a letter from a representative of Intrado Inc. regarding the E9-1-1 services and a possible breach of contract. City Attorney Bray replied that the E9-1-1 issue has a long history. He explained that in 1997 the city undertook to withdraw from the Coastal Bend Council of Governments (COG) regional 9-1-1 plan because substantially more of the fees collected in the city were going for expenses outside the city limits. The city eventually prevailed in a lawsuit on that issue. He said Intrado is the provider of services to the COG beginning in 2000 to 2003. He said their intention is that since the city was a member of the COG at the time the COG made that agreement, the city is bound by it. However, staff's reading is that the city has no contract with Intrado. In fact, the city reserved its rights on its agreement with the COG based on the outcome of the lawsuit. Mr. Bray added that staff is still reviewing the issues and they are asking the Council to authorize the City Manager to execute the agreement. Before he does so, staff will review the matter further but it is coming forward now because the deadline is approaching. Responding to Mr. Noyola, Mr. Bray said one of the city attorneys has had discussions with Intrado's attorney and Mr. Bray intends to talk with their representative again before the execution of the agreement. Mr. Noyola expressed concern about Item 23 and he made a motion to table it. The motion died for lack of a second. Mr. Kinnison made a motion to amend Item 23 as read by Mr. Chapa, seconded by Mr. Longoria, and passed (Noyola voting "No"). Mr. Chapa polled the Council: 23. M2002-112 Motion authorizing the City Manager or his designee to execute a contract with Southwestem Bell Telephone Company for universal emergency number service (E9-1-1) to be established during the month of May 2002 for an installation charge of $103,664 and an annual recurring Minutes - Regular Council Meeting April 23, 2002 - Page 14 cost of $197,174.40, through the Qualified Information Systems Vendor Program of the State of Texas. Funds are available in the General Fund for Police Department. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola voting "No"; Scott absent. Mayor Neal referred to the executive session (Item 25) regarding the nourishment of Corpus Christi Beach. Mr. Bray said that item was withdrawn. The Mayor called for a brief recess. * * * * * * * * * * * * * Upon reconvening, Mayor Neal called for petitions from the audience on non -agenda items. Mr. Jose Marroquin, 2433 Allencrest, said he is one of the public access users who owns his own video camera but he uses the Time Warner equipment to edit his program. He said if the city allows Time Warner to close their studio, they will be sending a message that only people who can afford the equipment should be allowed to use the public access channel. He asked the Council to carefully consider this issue when it comes before them. Mr. Jerome Bradford said he is the host of"Black Perspective," which airs on public access television. He said many of the Council members have appeared on his program and he urged them to support the public's continuing usage of Time Warner's studio and equipment. Ms. Mary Beth Nelson, 2721 Erie Dr., said that shutting down the public access studios will effectively close down most of the public access use. She cited figures of the usage, saying that many more people use them than city staff has said and Time Warner has not complied with the franchise. Mr. Rene Saenz, 6022 Sweet Gum St., said he is a co -host of the program, "South Texas Politics." He said public access is very important because it is free from money and the public is free to say whatever they want. He said the Council has a very large responsibility regarding this issue. Ms. Suzie Canales, with Citizens for Environmental Justice, said that if it was not for public access television, they would not have had a forum to bring out issues about the landfills and refineries. She said public access is essential to the public's right to know. Ms. Stephanie Guerrero, Vice President of LULAC Council #4444, said she and Ms. Nancy Vera have been hosting "LULAC Connection" on public access, which has served as a forum for several individuals and organizations to keep citizens informed. She said that due to a for-profit business frame of mind, the city and Time Warner are considering reneging on their promise of public access. Mr. Jack Gordy, 4118 Bray, said the Council members understand the importance of public access and they should ensure that it is retained in the franchise agreement. He said in the current budget, the car allowances for city employees have been increased from $9,600 to $204,000, yet city employees were told there was no money for dues check -off for union members. Mr. Gordy also Minutes - Regular Council Meeting April 23, 2002 - Page 15 asked if staff had a response to Mr. J.E. O'Brien's question about the legality of Mr. Tom Utter's consultant contract with the city. Mr. Miguel Rodriguez, 106A Buccaneer Dr., said he moved here last summer from Austin and he discussed the importance of public access television, particularly with regard to political issues and elections. Mr. Danny Noyola, 4410 Acushnet, said that in a representative democracy, it is important that the public have access to their elected or appointed officials and to information. He asked the city and Time Warner to maintain and/or improve the public access provisions of the past to ensure a more well-informed electorate in the future. Ms. Sylvia Dancer, 6049 Rio Vista Dr., said she also has a program on public access television and she emphasized the importance of maintaining the studios and equipment. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 24, city marina operations and development project. Deputy City Manager Noe gave a computer presentation about the history and current status of that project. He said a request for proposals (RFP) was issued in fall 2001 and city staff interviewed and selected three finalists: Corradino Group Inc., International Marina Group Inc. (IMG), and Landry's Restaurants Inc. He said a public hearing was held during the Council's March 19, 2002 meeting and since then staff has made additional presentations to solicit the public's input; received a revised proposal from IMG; provided Landry's with marina improvement suggestions and received revisions from them; and discussed a T -Head connection proposal. Mr. Noe said the city's goal is to have a world-class, boater -friendly marina and suggested improvements include: adequate restroom, shower, laundry and support facilities; upgraded fuel station, pump -out, and trash facilities; enhanced store and snack bar; pier improvements (electrical, cable, television, internet and hurricane fastening); replacement of the "R" pier; improved security, lighting and parking; and a boating education center. He said the operating policies and programs that need to be addressed are parking management, "live-aboards," tenant -oriented activities and boaters' education programs. Mr. Noe pointed out that this is a three-step process: select a development team; develop a memorandum of understanding (MOU) with the recommended development team; and develop a lease and legal documents with the development team. He said staff has concluded that Landry's Restaurants Inc. submitted the best overall proposal for the initiation of the city marina operations and development project. He added that Landry's has since responded with additional information which meets the goal of providing for a premier marina. He also reviewed the time table, saying that if the Council moves forward today, staff will bring the Council an MOU at the end of June and a proposed lease at the end of October 2002. Mr. Stan Johnson, President of Marinas International, said his company responded to the Minutes - Regular Council Meeting April 23, 2002 - Page 16 RFP, which called for suggestions to make Corpus Christi's marina a first-class one. He said up until December 31, 2001, his company operated 23 marinas around the country and currently Marinas International operates 7,000 boat slips. He said they expressed early on that they were willing to work with anyone to achieve what the city and the Council wanted to develop. He said they submitted revised plans a few weeks ago, which consisted mostly of restructuring the marina basin and adding new slips, restrooms and shower facilities. Mr. Johnson said it is also their intention to improve the docks, parking access and service facilities. He said they would operate the marina so as to draw major racing events, as they have in St. Petersburg, Florida. In response to a question from City Manager Garcia, Mr. Johnson said Marinas International has the funds to construct the whole $8 million in proposed improvements. He said they would very much like the citizens and city to be proud of its marina. He said they have worked with many municipalities in operating marinas. He said that while they do not operate restaurants themselves, they bring professional restaurant managers in to their marinas to do that. He said Marinas International had four of their marinas named as the top 10 clean marinas in Texas. The next presentation was made by Mr. Jeff Cantwell, Vice President of Development for Landry's Restaurants. He discussed their proposal of utilizing the L -Head and T -Heads in three distinct ways. The Cooper's Alley L -Head would consist of consolidated and enhanced marina operations and management; facilities for community sailing schools and activities; boating event support for several events, including J22, World Optimist, power boat championships and the Pan Am Games; and a water taxi and shuttle bus. The Lawrence Street T -Head would have a combination of four restaurants (Landry's, Joe's Crab Shack, Rainforest Cafe and Aquarium); public gathering places; amusements and rides; a water taxi and shuttle bus; and marina tenant facilities, including reserved parking/loading and other facilities. The Peoples Street T -Head would have a landscaped boardwalk and parking for 750 vehicles; a public staging ground for sailing and boating events; kiosks for shopping and sport rentals; markets and festivals; a water taxi and shuttle bus; marina tenant facilities; and a future fisherman's wharf market. Mr. Cantwell then described in detail the proposed boater facility improvements and boaters' conveniences; marina improvements; strengths of the development team; and Landry's operations and management experience. He said Landry's feels that their development will result in increased hotel occupancy (currently at 60%), tax revenue and tourism. He said about 75% of the visitors to Corpus Christi are from within Texas and they believe they can increase the number of people from other states and other countries. Mr. Cantwell said Landry's plans to spend $750,000 to $1 million marketing this development project. Mayor Neal called for public comment. Former Mayor Jason Luby, 9847 Daisy, said he is opposed to Landry's proposal but favors Leon Loeb's "South Wharf" proposal. Mayor Luby read from an inscription stating that Corpus Christi's bayfront improvement (1939-1941) is for "the protection of life and property" and it lists seven counties which were involved in that project. Mr. Bill Richmond and Ms. Kendra Fowler said they were representing Leadership Corpus Minutes - Regular Council Meeting April 23, 2002 - Page 17 Christi Class 30. Ms. Fowler read a resolution passed by that organization in support of development of the bayfront marina and downtown area. Mr. Steve Onilas, 3117 Surfside, said he is in favor of economic development and growth in the city. He thanked all those involved in the "Back to the Boardwalk" project on Corpus Christi Beach, which received a $60,000 matching grant from the state for the first phase. He said their second festival will be held November 1-3, 2002. Ms. Charlie McKay said she was representing the staff and management of K-99 radio, who believe that entering into negotiations with Landry's will be a positive step for Corpus Christi and surrounding communities. She submitted signatures of several hundred citizens who support it. Ms. Carleen Coulter, League of Women Voters of Corpus Christi, said that citizen involvement and input is critical to public support of an initiative. She said the League is concerned that the marina project proposal is not part of a master bayfront plan. Ms. Gail Hoffman, Executive Director of Associated General Contractors, read a resolution in support of the proposed marina development as outlined by city staff. She said she is also co - chairperson of the Packery Channel project, which she feels will be enhanced by the marina project. Mr. Kevin McCracken, 348 Santa Monica Place, spoke in favor of Landry's proposal, saying that the marina is not just meant for the boat owners. He urged the Council to not delay this decision by soliciting another master plan study. Mr. Paul Lara said for 20 years he has been a tenant of the marina, which is greatly in need of repairs. He asked the Council to ensure that an agreement does not greatly increase marina fees. Mr. William Walton, 333 Dolphin Place, said any development of the marina needs to reconcile the needs of boaters and visitors. He said the city secured proposals before it had a clear vision of what the marina should be. He said as a boater he has concerns about the marina. Ms. Mary Lou Huffman said Corpus Christi has a very unique marina, which is the face of the city. She said it needs to be opened up to the public and a plan devised for its development. Mr. Walter Newton said he used to have a boat in the marina, which he believes should be properly maintained from the slip rental revenues. Ms. Maxine Smith, 9831 Daisy Dr., said she has lived here since 1941. She said downtown needs to be alive but she said the marina should not be an amusement park. Mr. Paul Kratzig, 235 Chandler Lane, said he is a member of "POW," Plan Our Waterfront. He said POW members do not equate planning with delay and are not against development, but they urged the Council to continue to solicit public input. Ms. Kathleen White said the bayfront is very important for many reasons and she said Minutes - Regular Council Meeting April 23, 2002 - Page 18 development should proceed very cautiously. She said a cross-section of citizens should be involved in the process. Mr. Billy Holmes, 14117 Jack Fish, said he is a principal at Gulf Coast Marine. He said by definition a marina is for the purpose of storing and mooring small boats. He asked the Council to slow down and open up the process. Mr. Joe Frazer, 333 Bermuda, said he is in favor of development of the marina and any discussions about it should not be behind closed doors. Mr. Andy Ficken said he has been a marina tenant since 1972 and he is very concerned about parking there. He said the downtown area does not need any more restaurants. Dr. Charles Allen, 5026 Moultrie Dr., said the marina superintendent has not been able to make a long-term plan for capital improvements so everything has been done in a patch -work fashion, which makes a proposal such as Landry's so appealing. Dr. Mike McCutchon, 203 Jackson Place, said he has organized championship sailing regattas which brings money and attention to Corpus Christi. He said the marina is a purpose -specific municipal facility. Mr. Van Huseman, 223 Oleander, urged the Council to not act hastily and consider all points of view on this issue. Ms. Jennifer Quick said she is the owner of Wahoo's Seafood Kitchen in Corpus Christi and San Antonio. She said she supports Landry's proposal because it will attract additional development. Ms. Alana Seal, 606 Dolphin, said she and her husband own a downtown restaurant. She said she has been waiting all her life for something like Landry's proposal for Corpus Christi, and she feels Landry's has been taking the boaters' concerns into account. Mr. Bernie Seal said he is a realtor and member of the Corpus Christi Area Convention and Visitors Bureau. He said he strongly supports the Landry's proposal, which validates all of the Council members' campaign promises. Ms. Toby Shore, 317 Ohio, said she was hired by the Economic Development Corporation at one time to conduct a bayfront development study and none of the plans have been implemented. Mr. Kevin Latone, General Manager of Omni Hotel and President of the Coastal Bend Hotel/Motel/Condominium Association, said they strongly support Landry's proposal and urged staff to negotiate skillfully with Landry's representatives. He said there already is a plan for downtown. Ms. Linda Clark said she is a guest services manager at a local hotel and she hears from many guests about the limitations of the downtown area, local restaurants, and marina. She spoke in favor of the marina development. Minutes - Regular Council Meeting April 23, 2002 - Page 19 Ms. Kathy Barnard, 7201 Sandpiper Circle, said she supports Landry's proposal. She said their development in Kemah has greatly improved that community. She said Corpus Christi has potential but it needs impetus as occurred at Kemah. She said parking concerns should be addressed. Mr. Jim Valone said he is President of the Corpus Christi Association of Realtors, which passed a motion in favor of development of the bayfront and marina and in favor of the city entering into negotiations with Landry's. Mr. Guy LeRoux, 601 Atlantic St., said it is very irresponsible to put resources such as restaurants so close to the water and in danger of hurricanes. He said additional tourism creates additional traffic. Ms. Susan Veatch, 4848 Monette, said she grew up enjoying the marina and she does not support Landry's proposal. She said boats need access to navigable waters. Mr. Neal Trolinger, 221 Riverdale, said he supports Landry's proposal and the continuing input by the public. He said this is the first time he has seen a developer of a tourism -related project bring an advertising budget to the table. Ms. Marie Adams, 156 Cordula, said she is a member of OPUS (Organization for Preservation of an Unblemished Shoreline), which is in favor of revitalizing the Corpus Christi downtown area, especially businesses that promote daytime use. She said they are opposed to development on the water side of Shoreline/Ocean Drive or within the waters of the marina. Mr. Frank Hankins, also an OPUS member, said the piers were not meant to sustain permanent structures, especially tall ones. Mr. Trian Serbu, 14310 Playa Del Rey, said the bayfront is the essence of Corpus Christi and the marina is a park and sailing facility. He spoke in opposition to the Landry's proposal, which he said should be located on North Beach. Ms. Deborah Smith, 15314 Barataria Dr., said she and her husband have a vision for Corpus Christi that includes development but not the one proposed by Landry's. She said this community does not have the population to support such a large project. Mr. Richard Heffner, 402 Williamson Place, said he won a silver medal in sailing at the 1976 Olympics. He said they trained extensively in Corpus Christi, which is an excellent sailing venue. He said if Landry's proposal is built, sailors will not come here. Ms. Irene Mitchell, 1417 Casa Grande, said she was interested in the Marinas International proposal and there is a great intangible value to the bayfront's pristine beauty. Ms. Marie Wood, 1013 Campbell, said development of the marina needs a mandate from the people. She said the Council should not let a for-profit business manage the marina and lack of a master plan is indicative of short-sightedness. Minutes - Regular Council Meeting April 23, 2002 - Page 20 Mr. Joe Adame, 1818 Graham, said that last year he and some of the Council members visited other cities to learn more about successful economic development endeavors. He said a common denominator was a sense of place for their downtown areas. He said Landry's and Mr. Loeb's proposals will create jobs and additional development. Ms. Julie Duzich, 320 Pebble Beach, spoke in opposition to Landry's proposal. She said the loss of the bayfront's current charisma would be permanent. Mr. Bill Sherko, 4534 Stony Creek Dr., said the marina needs to be upgraded and apparently the only way that will occur is for the city to enter into a partnership with a commercial entity. He said he supports negotiations with Landry's. Mr. N.O. Seago, 2316 Parkwood Place, said he is concerned about privatization of the marina for several reasons. He said Landry's proposal is incompatible with this marina and the harbor, and it should be against the city code to build on the landmass. Mr. Steve Harrison, 4725 Gayle Dr., said he has been sailing about 20 years in Corpus Christi and the boat owners are the big stakeholders in this process. Mr. Larry Frank, 6661 Bent Trail Dr., said he is not in favor of Landry's proposal and he challenged the Council to ensure that Landry's keeps its promises about the improvements. He said they should take a step back and plan this development correctly. Mr. Alan Dinn, Chairman of the Water/Shore Advisory Committee, said that after careful consideration, that group voted to approve proceeding with Landry's proposal. He said the next step is to provide the framework for that contract and to involve many stakeholders. Mr. Ruben Welsh, 3501 Denver, asked the Council to not proceed with negotiations with Landry's in the current form. Ms. Norma Urban, President of the Downtown Management District, urged the Council to move forward with negotiations with Landry's. Mr. Tom Niskala, President of the Corpus Christi Chamber of Commerce, said the board voted unanimously in support of the Landry's and South Wharf proposals. Mr. Lamont Taylor, President of the Black Chamber of Commerce, said they support Landry's proposal. Dr. Martha Respondek, 121 Cole, suggested building a fourth T -Head or L -Head in front of the new arena area which could contain a variety of development. Mr. Abel Alonzo, 1701 Thames, said the Council needs to move forward to encourage development which can provide well -paying jobs. Minutes - Regular Council Meeting April 23, 2002 - Page 21 Mr. Gan Bowling, 13762 Hawksnest Bay Dr., said he has seen many marinas around the country and none of them look like Landry's proposal. He agreed that something needs to be done with the marina but he thinks the Council is moving too fast. Mr. Paul Earls, 4433 Dolphin, said he is for marina development but only as a marina and nothing else. He said the marina needs to be boater -friendly and full again. Mr. Roy Pell, 5022 Rasputin Court, said he is a member of the Water/Shore Advisory Committee and on March 19th he told the Council that Landry's proposal did little to address marina development. He said subsequently Landry's has responded with an impressive list of marina improvements that would not otherwise be accomplished. He said the Water/Shore Committee has had many of their concerns addressed and he urged the city to negotiate openly with Landry's. Ms. Glenn Dreggors, 4649 Mildred, said the people who are against Landry's proposal prefer the status quo and those who are for it are the community and business leaders. She said she does not like the idea of placing a ferris wheel on the marina but she supports the overall concept. Mayor Neal thanked those who addressed the Council and he said the newspaper was premature in saying the Council had already made a decision on this issue. He said over the last two years the Council has built a bridge of trust between organizations and people by appointing a stakeholders group for the arena construction as well as an advisory group consisting of local contractors. He said if the Council moves forward with negotiations with Landry's, they will appoint another stakeholders group because many citizens emphasized the importance of having a voice in this project. He also said when he appeared on K-99 radio, he did not speak as an advocate but only to answer questions. The Mayor said there is no question the marina needs a lot of work. He explained that the marina is an enterprise fund, which does not use tax dollars for its maintenance and does not have a "slush" fund. He said it would be unfair for the Council to take ad valorem and sales tax dollars (all of which pay for public safety) and put them into the marina, which has a very narrow special interest. He said the only way he knows of to provide the millions of dollars needed to improve the marina is to seek outside assistance. He said it is apparent that the city can no longer sit by and let such an important asset as the marina continue to deteriorate He said this is an important time in the city's future. Mr. Kinnison thanked everyone for their comments and he said this process has benefitted from all of the public input. He said this development will shape the city's future for years to come. He said it is important for citizens to stay involved and to receive accurate information. He said they will work with Landry's to build a unique bayfront development. Mr. Scott said he has been very surprised about the variety of responses in favor of moving forward with the Landry's development. He said he does not want Kemah on the T -Heads but rather a uniquely Corpus Christi experience. He agreed that the stakeholders need to participate and he feels the city should get some professional assistance in negotiating the deal. Mr. Scott said the project should be mutually beneficial and they should also have an exit strategy. Minutes - Regular Council Meeting April 23, 2002 - Page 22 Mr. Garrett said he has received many emails and calls from people discussing the importance of the T -Heads and he said it is their goal to build a first-class marina. He said they want to do what is right for the community. Mr. Colmenero said demographics are changing and include more and more young people. He said the T -Heads look the same as they did when he came to Corpus Christi in 1973 and they need to be improved. He said he agrees with the Mayor about involving the stakeholders. Mr. Noyola said this is an important vote because it will set the stage for the negotiations. He said he hopes they can involve a professional negotiator who will listen to all the needs of the stakeholders. Mr. Chesney said this has been a very divisive issue, which is why it is very important to establish the stakeholder group. He said he wants the city to continue to move forward but in a way that does not hurt the marina. He said some people were initially opposed to this proposal but Landry's has indicated their willingness to address their concerns. Mr. Chesney thanked everyone who has participated in the process thus far. Mr. Kelly said these types of decisions should not be made without public input such as this. He said he visited Kemah and learned that boaters there raised many of the same concerns as have been expressed here and Landry's listened to them and kept their promises. He said Kemah's marina is now 100% full with a waiting list. He said he hopes Corpus Christi will have the same positive experience. He also asked that the construction contract be broken down so local contractors can compete for those jobs. Mr. Longoria said it is difficult for any Council to make long-term plans, such as the Gateway Plan which ended up getting voted down. He said if the Council votes to enter into negotiations with Landry's, it should be with the expectation to close the deal in six months. He said there is a lot of work to be done before then and he hopes everyone stays involved. City Secretary Chapa polled the Council for their votes as follows: 24.a. M2002-113 Motion designating Landry's Restaurants Inc. as the development team for the city marina operations and development project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 24.b. M2002-114 Motion authorizing staff to proceed with the development of a memorandum of understanding with Landry's Restaurants Inc. for the city marina operations and development project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 23, 2002 - Page 23 Mayor Neal called for the City Manager's report. Mr. Garcia said the Council will have a joint meeting at noon on April 30th with the Convention and Visitors Bureau, followed by the regular Council meeting at 1 p.m. Items scheduled for that meeting include the financial policies, utility rate model, Bond 2000 project update, a presentation by the Arts and Cultural Commission, and contract award for the seawall project. Mayor Neal thanked the Council and staff for their efforts on the marina development project. He asked Mr. Noe to provide a list of possible stakeholders so the Council can make those appointments and he asked Mr. Garcia to schedule a TIF board meeting. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 9:30 p.m. on April 23, 2002. * * * * * * * * * * * * *