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HomeMy WebLinkAboutMinutes City Council - 12/15/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 15, 1982 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins * Dr. Charles Kennedy Cliff Zarsky City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mrs. Sam Allen, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty N. Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Mayor Pro Tem Turner that the Minutes of the Special Council Meetings of December 6 and 7, 1982 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. Mayor Jones administered oaths to the following newly appointed members of the Landmark Commission: Mrs. Gracie Garcia and Mrs. Mary Garcia. Mayor Jones then recognized Mr. Cliff Moss, President of Friends of the Library, for a presentation. Mr. Moss announced that to supplement the $5 million bond fund voted on for the new library, Mrs. Guy Warren had contributed $50,000 to the building fund of the new central library. He stated that he hoped that others would make similar contributions because the donations would allow the City to construct an improved the library. He explained that this grant was presented to the Friends of the Library since they are a non-profit organization. He SEP 191984 Minutes Regular Council Meeting December 15, 1982 Page 2 ifti✓ri��l y;. ti stated that Mrs. Warren is a long-standing member of the La Retama Library Board and that this money will be placed in a special building trust account with the City. He then introduced members of the Library Board, La Retama Board and Friends of the Library who were present. * Council Member Charles Kennedy arrived at the meeting at 2:14 p.m. Mayor Jones expressed appreciation for the donation and for the work performed by the various library boards. Mayor Pro Tem Turner also thanked the Warren Family for their very generous donation. Mayor Jones suggested that a resolution be prepared for next week's meeting expressing the appreciation of the City for the Warren's donation. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o* Mayor Jones called for Confirmation of Action of the Council from the Workshop Session on the following item: Approving the design approach recommended by Kinney Street Associates known as Concept 8, an all new building, for expansion of City office facilities. A motion was made by Mayor Pro Tem Turner that the foregoing action be confirmed, seconded by Council Member Zarsky and passed unanimously. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o* Mayor Jones announced bid openings on the following engineering projects: 1. Corpus Christi International Airport Concourse Renovation. The plans include the construction of double brick walls with installation and the installation of heating and air conditioning units in the two concourses. 2. Moving the Galvan House from Waco Street to the Bayfront Science Park. Assistant City Manager James K. Lontos, P.E., informed the Council that there were no bids received on the second project. Mr. Lontos then opened bids on the Corpus Christi International Airport Concourse Renovation from the following firms: B. E. Beecroft Company; Bracco Construction Company, Inc.; Casey & Glass, Inc.; Garcia Construction, Inc.; General Construction, Inc.; Goldston Corporation; L & L Construction Company; Salazar Construction; Stefek Construction and Toland Construction Company, Inc. Mr. Lontos informed the Council that the required bid security bonds had been submitted by all the bidders as well as disclosure statements with exception of Garcia Construction Company, which did not submit a Utes jular Council Meeting December 15, 1982 Page 3 disclosure statement. Mayor Pro Tem Turner, presiding in the temporary absence of Mayor Jones, expressed appreciation to the companies that had submitted bids and stated that they will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. Mr. Lontos stated that they had discussed the moving of the Galvan House with several moving contractors and the three located in San Antonio had indicated that they are too busy at this time and could not compete with area companies. He informed the Council that only one firm had indicated that they might be able to move the house. He stated that the Staff will evaluate the situation and have a recommendation as soon as possible since the house must be moved within 90 days. City Manager Ed Martin reminded the Council that the City has advertised this project twice and had gone through the required procedure for receiving bids. He expressed the opinion that at this time, the City could go to a house mover and arrange terms of a contract with an individual. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*opo Mayor Jones then referred to the consent portion of the agenda and called for Action of the Council by Motion on the following items: 1. Bids be received January 18, 1983 for two replacement 1500 GPM pumper trucks for the Fire Department. One pumper is included in the 1982-83 Fire Department Budget and one is in the 1982-83 Revenue Sharing Budget. The specifications are written so that one or both units could be purchased. 2. Twelve months supply agreements for window cleaning and janitorial service be approved as follows, based on low bids. Eighteen bid invitations were issued and six bids were received. Prices have not changed appreciably since the last bid in November, 1981. a. C. C. Janitorial Services, Corpus Christi Tax Office Veterinary Service $ 2,616.00 1,308.00 $ 3,924.00 b. Perea Janitoral Service, Corpus Christi Data Processing $ 2,280.00 c. Adams Janitoral Service, Corpus Christi International Airport $ 1,631.64 Finance Department 6,057.00 Land Acquisition 1 ,472.64 Flour Bluff Health Clinic, Library, 6 Utility Substation 2,347.68 $11,508.96 Grand Total $17,712.96 Minutes Regular Council Meeting December 15, 1982 Page 4 3.* Twelve months supply agreement for approximately 115 pair of safety shoes and 980 pair of safety boots to be maintained in the City Warehouse and sold to employees through payroll deduction, as well as to the County as a part of our cooperative purchasing efforts, be approved based on low bid: Lehigh Safety Shoe Company, Endicott, N.Y. $46,890.25 Net 30 Days; FOB Destination Six bid invitations were issued and three bids were received. Prices have increased approximately 3% since the previous contract of November, 1982. 4. A public hearing be held January 12, 1983 to consider the closure of a 20 -foot wide unimproved alley between Lots 8 through 12 and Lots 22 through 26, Block 8, Ocean View Addition. The closure is requested to allow for construction of Santa Fe Square, a new office complex. The alley will not be required for any future utilities and the staff concurs in the closure request subject to replatting of the lots abutting the alley. 5. Authorizing submission of a grant application for ninth year funding of the Retired Senior Volunteer Program (RSVP) and authorizing the City Manager or his designee to execute all related documents necessary to implement the program. The 1983-84 grant budget of $96,611 includes $38,639 in local matching funds, as approved in the 1982-83 City budget. Other funds included are $17,831 in State funds and $40,141 in federal funds. RSVP currently has 554 volunteers and anticipates having 650 volunteers during the ninth year which begins on April 1, 1983. 6. Approving an assignment of real estate lease and agreement with the U.S. Small Business Administration subordinating the City's interest in the Coastway, one of the bait stands on the John F. Kennedy Memorial Causeway, in consideration of an SBA loan which Mr. and Mrs. J. Charles Rawalt are seeking. The loan in the amount of $148,000.00 would be used for leasehold improvements and repairs at the bait stand required by the 20 -year lease between Mr. and Mrs. Rawalt and the City. 7. A letter of agreement with Kinney Street Associates be approved whereby the City and Kinney Street Associates will share equally development out-of-pocket expenses as a contingency in the event that either party withdraws from the project to expand City office facilities before a contract is negotiated. 8. The City Manager be authorized to enter into a lease purchase agreement for the upgrade of the tape drives for the computer system in the amount of $28,995 for the 1982-83 fiscal year, and that the cost be funded from the Revenue Sharing productivity project. Mayor Jones referred to item 1 and inquired if the City has only one supplier at this time. City Manager Martin explained that there are not very many fire truck companies but those remaining are in competition with each other. Mayor Pro Tem Turner referred to item 5 and inquired about the number of employees involved in this program. * This item was withdrawn by the City Manager tes alar Council Meeting December 15, 1982 Page 5 r Mrs. Sandra Gonzales, Director of Senior Services, explained that there are four volunteers serving in both the Civics and RSVP Program. She stated that they encourage citizens to participate in both organizations. There were no comments from the audience on these items. A motion was made by Mayor Pro Tem Turner that items 1 through 8, with the exception of item 3 which had been withdrawn, be approved; seconded by Council Member Zarsky; and passed unanimously. O*O*O*o*O*o*o*o*o*O*o*O*o*o*o*o*o*o*o Mayor Jones called for Action of the Council by New Ordinances. Mayor Jones then referred to Ordinance No. 9 which is the first reading renewing a five-year lease with Buccaneer Commission, Inc. and stated that they have asked the Buccaneer Commission to sponsor the fireworks display on the Fourth of July next year. Mayor Jones then referred to Ordinance No. 11 which calls for the closing of the public hearing on the Airline Road Street Improvement Project and recalled that Mr. Oscar Spitz had alleged that his property did not abut Airline Road and asked for a report from the Staff. Mr. Lontos explained that Mr. Spitz' property does abut the street because closing a strip of the street will not change the fact that his property does abut that street. City Manager Martin referred to Ordinance No. 16 which authorizes the City Manager to apply for $5 million in grant assistance from EPA for expansion of the Flour Bluff Wastewater Treatment Plant. He stated that if a City is placed on the funding list, the odds are good that the grant will be awarded but the City has not received this grant yet. He stated that if the grant is received, bond funds will be released for other sewer projects. Council Member Zarsky inquired if the City has any plans for extensions of the laterals in the area, and Mr. Martin replied that there are a great many uses for these funds. Mayor Jones called for comments from the audience on the new ordinances, and there was no response. The Mayor then called for Action on Ordinances from Previous Meetings on Nos. 19 through 23. City Manager Martin suggested that Ordinance 19, which was the third reading on the amendment to the Platting Ordinance to establish a Sanitary Minutes Regular Council Meeting December 15, 1982 Page 6 Sewer Extension Policy be withdrawn at this time since there is an amendment to be discussed before this is passed. Mayor Jones called for comments from the audience on these ordinances. Mr. Brian McDonough, representing Padre Isles Investment Corporation, referred to Ordinance 19 and to Item 15 from the Regular Agenda pertaining to the same subject. Mr. McDonough referred to the principal paragraph in the ordinance which charges $150 per lot or $600 per acre, whichever is greater, and expressed concern about how they are going to be applied. He pointed out that the only way that fees would be unfair would be on small lots of less than 1/4 of an acre. He referred to his project that is under construction and pointed out that they have platted long, narrow lots, and with the adoption of this new ordinance, they are at a disadvantage. He stated that their building site is limited to two per acre; the ordinance refers to building site and lots as if they were the same; however, his is not. He pointed out that because of the size of their lots, they could be charged 50% more than someone else with a one -acre site. Mayor Jones inquired if the City Manager or Mr. Lontos have seen Mr. McDonough's plat and if they had any suggestions. Mr. Lontos stated that he has examined it and discussed it with Mr. McDonough and with his Engineer, Mr. Gene Urban. He stated that no one on the Staff recommends amending the ordinance because of his plans because it would be very difficult to enforce the ordinance. City Manager Martin expressed the opinion that the subdivisions can be grouped four lots to an acre so that the same amount would be charged for all property. Mr. McDonough agreed that his plans are in the preliminary stage but there is a probability that this situation will be encountered many times in the future and he felt that the ordinance should be amended before it is passed. Mayor Jones inquired about any scheduled meetings of the Off -Site Utility Committee and Mr. Lontos stated that the Staff can call the Chairman, Mr. Urban. Mr. Harlan Heitkamp addressed the Council and stated that the Corpus Christi Developers met to discuss the ordinance being considered and they concurred with the recommendation of the City Staff. He stated that they also recommend that Mr. McDonough's request not be granted. utes ,pular Council Meeting December 15, 1982 Page 7 There were no further comments on these ordinances. City Secretary Read polled the Council for their votes and the following were passed: 9. FIRST READING: AUTHORIZING A FIVE YEAR LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC., FOR USE OF CITY PROPERTY ADJACENT TO MEMORIAL COLISEUM AND FOR THAT PORTION OF THE COLISEUM PRESENTLY KNOWN AS THE BUCCANEER COMMISSION OFFICE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 10. ORDINANCE NO. 17388: AMENDING ORDINANCE NO. 16739 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON CARROLL LANE AND MULBERRY STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 11. ORDINANCE NO. 17389: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR AIRLINE ROAD, FROM WILLIAMS DRIVE TO HOLLY ROAD; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye" 12. ORDINANCE NO. 17390: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH E. H. MOORE HOMES, INC., AND J. R. BUILDERS, INC., DEVELOPERS OF BRECKENRIDGE UNIT 4, PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF CEDAR PASS DRIVE WHICH ABUTS THE PROPOSED DEDICATED PARK IN THE SUBDIVISION; APPROPRIATING $9,192.54 FOR THE AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 13. ORDINANCE NO. 17391: AUTHORIZING AN AGREEMENT WITH E. H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A BRIDGE ACROSS A DRAINAGE RIGHT-OF-WAY AND DITCH IN BRECKENRIDGE UNIT 4, SUBDIVISION; APPROPRIATING $66,908 FOR THE CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting December 15, 1982 Page 8 14. ORDINANCE NO. 17392: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PATRICIA PETERSON NUSS, HENRY NUSS, CHRISTY PETERSON BROWN, AND BILL J. BROWN, DEVELOPERS OF HOLLY OAKS SUBDIVISION, PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF MEADOWVISTA DRIVE WHICH ABUTS THE PROPOSED DEDICATED PARK IN THE SUBDIVISION; APPROPRIATING $4,622.89 FOR THE AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 15. ORDINANCE NO. 17293: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR CONSTRUCTION OF A PROPER TURN RADIUS AT FIVE POINTS IN CONNECTION WITH STATE CONSTRUCTION ON U. S. 77: APPROPRIATING $12,600; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 16. ORDINANCE NO. 17394: AUTHORIZING THE EXECUTION OF AN APPLICATION FOR FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY ON THE FLOUR BLUFF WASTEWATER TREATMENT PLANT THROUGH THE TEXAS DEPARTMENT OF WATER RESOURCES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 17. SECOND READING AUTHORIZING A FIVE-YEAR LEASE AGREEMENT WITH RUBEN V. LARA FOR CONCESSION RIGHTS FOR THE L -HEAD BAIT STAND. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 18. THIRD READING - ORDINANCE NO, 17395: AUTHORIZING A LEASE AGREEMENT WITH THE SEAMAN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 19. (Withdrawn Temporarily) 20. THIRD READING - ORDINANCE NO. 17397: AMENDING CHAPTER 36, ARTICLE III OF THE CODE OF ORDINANCES TO PROVIDE THAT ONLY CONVENTIONS MAY BE SCHEDULED FURTHER THAN 18 MONTHS IN ADVANCE; TO SIMPLIFY AND TO BRING ABOUT CONSISTENCY IN RENTAL RATES AND REGULATIONS; TO PROVIDE FOR THE CHARGING OF A 10 PERCENT FEE TO ALL CATERERS DOING BUSINESS IN ANY AND ALL AREAS OF THE CONVENTION CENTER AND AUDITORIUM; AND TO PROVIDE A 15 PERCENT DISCOUNT TO LESSEES WHO CONTRACT FOR A SERIES OF DATES IN A CALENDAR YEAR IN THE THEATRE AND/OR THE MEETING ROOMS OF THE CONVENTION CENTER; PROVIDING FOR SEVERANCE AND FOR PUBLICATION. utes ,gular Council Meeting December 15, 1982 Page 9 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 21. THIRD READING - ORDINANCE NO. 17398: AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, TO LIMIT THE AUTHORITY OF THE BAY DRILLING COMMITTEE TO AN ADVISORY CAPACITY; AND PROVIDING FOR SEVERANCE AND PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "No". 22. THIRD READING - ORDINANCE NO. 17399: AMENDING ORDINANCE NO. 17112 APPROVED JULY 7, 1982 BY DELETING THE BAY DRILLING COMMITTEE FROM THE LIST OF BOARDS AND COMMITTEES. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "No". 23. THIRD READING - ORDINANCE NO. 17400: AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD ADOPTED BY ORDINANCE NO. 17258 ON SEPTEMBER 15, 1982, PROVIDING FOR AN EXTENSION OF THE PROBATIONARY PERIOD AND FOR THE CITY MANAGER'S DESIGNEE TO APPROVE OR REJECT THE CITY'S PHYSICIAN'S FINDING ON DISABILITY TERMINATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". oto*o*o*o*o*o*o*o*o*o*o*oto*o*o*o*o*o*o Mayor Jones called for Consideration of Action by Motion from the Regular Agenda. 24. Approving an amendment to a water purchase contract increasing the sale of treated water from up to 2,000,000 gallons a month to up to 2,400,000 gallons per month by San Patricio Municipal Water District to Rincon Water Supply Corporation (Sodville Division), and increasing the number of customers from 128 to 191. In October 1980, the City approved the original contract, but construction was never started since funding was not available to the Corporation from the Farmers Home Administration. Funding is now available and the Corporation has several additional customers since 1980 making the project economically feasible. Treated water is purchased by the San Patricio Municipal Water District from the City and sold to the Corporation. Both the District and the Corporation have approved the contract. 25. Amending, prior to third reading, the Sanitary Sewer Policy Revisions to the Platting Ordinance relative to allowing credits against reimbursements owed by the Trunk Line and Collection Line Trust Funds. The amendment would state that a developer could receive lot/acreage credit against a reimbursement owed him by the fund, in lieu of depositing in the fund, for future plats in the area a sanitary sewer line was extended to serve. 26. Accepting the Miscellaneous Sanitary Sewer Improvements project (Lakeview Acres & Maui Drive in Flour Bluff), authorizing final payment of $8,630.35 for a total of $60,532 to Isles Construction Company, and approving a 14 -day time extension for utility related problems and liquidated damage charges of 6 days at $55.00 per day. Minutes Regular Council Meeting December 15, 1982 Page 10 27. A deferred drainage agreement with St. Clair Steel Structures, Inc. pertaining to the platting of a 2.6 acre tract at St. Clair Industrial Park be denied. The agreement has been considered by the Council on three previous occasions, and as a result of the last meeting, the developer included a commitment to install a permanent storm sewer in a drainage easement he would dedicate as temporary drainage for the 2.6 acre tract. Mayor Jones called for comments from the audience on these items. Mr. Doug Walthall, Maverick Engineering, representing St. Clair Steel Structures, Inc., addressed the Council in regard to the off-site deferred drainage improvement agreement with the City. He reminded the Council that during the July 28, 1982 meeting, the Council Members provided that if St. Clair dedicated a 20' drainage easement and established a time frame for the installation of a permanent storm sewer system, that they might look favorably on the deferred drainage request. He explained that they have established the 20' easement to be dedicated within 30 days after approval of this agreement and they have established a time frame by which the ordinance will be complied with. He expressed the opinion that they have complied with the Council's wishes. Mayor Jones inquired if the City Staff still recommends denial of this request, and Mr. Lontos replied in the affirmative since the solution to the drainage problem is contrary to the Platting Ordinance. Council Member Dumphy stated that he has read Mr. Lontos' memorandum and the way he interprets the agreement is that he is of the opinion that the applicant has complied with exactly what the Council requested. Assistant City Manager Lontos pointed out that the agreement to construct drainage improvements within four years has no guarantee because in the event something happens and the property does not develop, the City has no alternatives of having the drainage improvements constructed. Discussion followed in regard to the possibility of letters of credit, etc. Mr. Lontos then displayed a transparency of the subdivision and located the, I. W. Hickham property, the area where the temporary drainage is to be located and pointed out the easement requested. He explained that the permanent drainage requires a storm sewer to be constructed down one of the streets in the subdivision and this would be in accordance with the Hickham property plan. Council Member Zarsky pointed out also that if Mr. St. Clair should pass away within four years, there would be no way the City could force the owner ites jular Council Meeting December 15, 1982 Page 11 of that property to install a storm ditch. Mr. Lontos agreed stating that even though there could be a covenant running with the land, there is no way that the City could force the property owner to install the drainage improvements. Mr. Walthall contended that the agreement provides for all of these problems to be worked out because when the Rickham property is developed, Mr. Hickham has to provide for drainage that goes across his property and the City could control this through the platting process. Council Member Zarsky stated that there is a possibility that there could be a lien placed on that property that would have to be executed within four years and if the City has to install the drainage for some reason, they would have a lien on the property. City Attorney Bruce Aycock stated that this would, in effect, waive the Platting Ordinance and would set a precedent. He noted that the ordinance could be amended to provide for that. Mr. Zarsky pointed out that even though the City did waive the ordinance to some extent, the City would be assured of having the drainage ditch installed. City Manager Martin stated that the only way to approve this would seem to be some type of cash payment or a letter of credit or some other type of security. Mr. Harlan Heitkamp pointed out that this has been done before in that property has been platted for future storm sewer improvements with a temporary ditch constructed during development. Council Member Zarsky expressed the opinion that it would only be about $7,000 if the drainage were taken into the Hickham property and he felt that a letter of credit to the effect that that property would be drained underground would be enough assurance. Mr. St. Clair stated that he would be glad to do that for four years. Mr. Lontos pointed out various similarities of plats in the past but noted that the plats were owned by the same person and this case is different in that one of the pieces of property is owned by Mr. Hickham. He stated that if the Council agreed to do as Mr. St. Clair has requested, they would only be assured of his cost to the Hickham property with the understanding that the drainage easement would be constructed when that property develops. He Minutes Regular Council Meeting December 15, 1982 Page 12 pointed out that a storm sewer could not be installed in four years for $7,000 because by that time it would cost between $25,000 and $30,000. A motion was made by Council Member Zarsky that permission be given to Mr. St. Clair to waive the construction of the drainage ditch on the basis that an agreement that the storm drainage would be installed within four years subject to the submission of a letter of credit or a certificate of deposit being submitted by the developer in the amount of $7,000. The motion was seconded by Mayor Pro Tem Turner. It was suggested that the agreement should clearly state that the storm drainage would be installed. Mr. Lontos noted that the $7,000 has been indicated but this would be Mr. St. Clair portion of the cost of the storm drainage. Mr. Zarsky then amended his motion to include the stipulation that the agreement state that the underground storm sewer will be installed within four years and that the developer will put up a $7,000 CD above the requirement according to the Platting Ordinance. The motion as amended passed unanimously. A motion was made by Mayor Pro Tem Turner that items 24, 25 and 26 be approved, seconded by Council Member Zarsky and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance that was previously withdrawn and the following was approved: 19. ORDINANCE NO. 17396: AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V -B(6) TO ESTABLISH A SANITARY SEWER EXTENSION POLICY, INCLUDING ESTABLISHING $150.00 PER LOT OR $600.00 PER ACRE FEES, $100.00 PER LOT SURCHARGES, PRO RATA FRONT FOOT CHARGES OF $5.00 PER FOOT; ESTABLISHING A SANITARY SEWER TRUNK LINE TRUST FUND FOR USE IN CONSTRUCTING TRUNK LINES AND REIMBURSING DEVELOPERS FOR CONSTRUCTING TRUNK LINES; ESTABLISHING A COLLECTION LINE TRUST FUND FOR USE IN OVERSIZING AND CONSTRUCTING COLLECTION LINES AND REIMBURSING DEVELOPERS FOR OVERSIZING AND CONSTRUCTING COLLECTION LINES OFFSITE; PROVIDING FOR DEVELOPER CREDITS FOR ACTUAL INSTALLATION COSTS UP TO THE AMOUNT OF THE LOT/ACREAGE FEE; PROVIDING FOR REIMBURSEMENT OF DEVELOPERS FROM FUNDS AVAILABLE IN THE RESPECTIVE TRUST FUNDS FOR THAT PORTION OF THE LIENS INSTALLED BY DEVELOPERS UP TO THE MAXIMUM REIMBURSEMENT CRITERIA; SETTING FORTH FEE EXEMPTION CRITERIA; AND PROVIDING FOR BI -ANNUAL REVIEW OF FEES AND SUFFICIENCY OF TRUST FUNDS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". o*o*o*o,to*o,to*o*o*o*o*o*o*o*o,to*o utes .agular Council Meeting December 15, 1982 Page 13 Mayor Jones called for Consideration of Action by Ordinance on the following item: 28. Amending the Zoning Ordinance upon application of Deluxe Property's by changing the zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 4.96 acre tract out of Share 1, Partition of the Hearn Tract located at the southwest corner of Hearn and Callicoatte Roads. The case to which this ordinance applies was heard on December 7, 1982. The ordinance was tabled until a full Council could be present. The 20% rule is in effect. The Planning Commission recommends approval. Council Member Gulley stated that he had received a call from the applicant in regard to this zoning ordinance and he had informed the applicant that the public hearing had been closed on this case and there was no need for him to be present. Council Member Hawkins, who was absent during the public hearing, stated that he had read the Minutes and had no questions on this case. A member of the audience indicated that he would like to speak and discussion followed as to whether or not he should be allowed to speak and it was ascertained that since this was an ordinance that the gentleman should be given an opportunity to speak before passage. Mr. Dennis Townsend, 12240 Hearn Road, stated that he was present to answer questions posed by the Council during the public hearing. He noted that one of the questions was about access to the 5 Points Area and he stated that there is a bridge which is one way. (2) Questions about apartments in that area under construction. Mr. Townsend stated that Mr. Jack Ryan has plans to build apartments behind the Wal-Mart Store in the area and construction will begin shortly. (3) After he had spoken during the public hearing, there was an indication that the back area of his property was for animal storage and he wanted to assure the Council that he did not have animals behind his property at all. Mr. Walthall responded to the statement concerning the one -lane bridge and pointed out that 90% of the traffic would be back towards town, not the other way. Mayor Jones agreed that the residents in that area moved out there to live in the country but he did not feel that the Council could impede progress. There were no further questions in regard to this ordinance; City Secretary Read polled the Council for their votes; and the following ordinance was approved: Minutes Regular Council Meeting December 15, 1982 Page 14 28. ORDINANCE NO. 17401: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DELUXE PROPERTY'S BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF SHARE 1, PARTITION OF HEARN TRACT FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "Nay". o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o* Mayor Jones then called for the consideration of the following ordinance: 29. Adopting the Bayfront Development Plan. City Manager Martin stated that he intends to bring the Council up-to-date in regard to his contact with the Corps of Engineers concerning the plan. Mayor Pro Tem Turner and Council Member Kennedy requested that any amendments be separated according to the location since they both own property on Corpus Christi Beach and they would not discuss that portion or vote on the portion pertaining to Corpus Christi Beach. Mayor Jones also suggested that the ordinance be on three readings rather than one. City Manager Martin reminded the Council about the timetable and explained that this is a Master Plan for the City to approve subject to any amendments in the future that will go through the usual Master Plan amendment procedure. Mr. Martin noted that there was a question raised the preceding week about the Corps of Engineers having to approve parking plans. He stated that he had received clear answers on that question and read a portion of the letter from the Corps of Engineers in which Colonel Allen L. Laubscher, District Engineer for the Corps of Engineers in Galveston, indicated that in their review of the Conceptual Plan, it appeared that it is a well planned approach to enhance the Bayfront and Corpus Christi Beach. In the letter, Col. Laubscher urged that detailed planning by the City for providing access to the total beach area be accomplished as soon as possible since public parking as envisioned in the project should be a very high priority if not paramount in the City's plan of development of the beach area. City Manager Martin continued by stating that the Staff proposes the adoption of the original plan with the proposed changes which were sent to the Council, all of which were prompted by groups or individuals who made specific requests. J tes .._gular Council Meeting December 15, 1982 Page 15 A motion was made by Council Member Gulley that the revised Bayfront Development Plan be approved, seconded by Council Member Dumphy. Mayor Pro Tem Turner and Council Member Kennedy departed the Council Chamber during discussion of the Beach. Mrs. Pauline Clarke, representing the League of Women Voters, stated that they are opposed to the revised plan because they do not approve of the perpendicular parking proposed for Corpus Christi Beach. Mrs. Clarke reminded the Council that the League has supported everything pertaining to this beach and the creation of a recreational area was the primary reason for the federal restoration of the beach, whereas property value enhancement was only a secondary consideration. She pointed out that if the beach had not been restored, it would have eroded and much of the new development would have been under water. She reminded the Council that the City made a commitment in 1966 to provide public access to this beach and the Corps of Engineers' report stated that the City would provide access for public benefit. She also noted that the Corps plan called for six streets leading to the beach which would have provided for parking all along the entire beach front. She noted that the beach restoration was completed in 1978 at a cost of $6 million for beach restoration, land acquisition, for drainage and pre construction and parking facilities. She noted that of this $6 million, not quite 2% has been spent for parking. She stated that they have conducted a six-month study of the beach and recreational facilities and they continue to support the 1966 Master Plan for parking and beach access. She stated that they are of the opinion that this plan limits the parking to two streets and the easements granted with no parking privileges represents control by the private developers over the public. She inquired if those easements are in compliance with the federal agreements and expressed the opinion that the plan will not provide full access to the beach. She also noted that they do not agree with the perpendicular parking along the beach because there is no plan for nourishment of the beach. Mrs. Clarke also stated that the League questions the manner in which the plan was presented to the public, noting that the Park and Recreation Board approved the plan in a Special Called Meeting on October 10, 1982 before a public hearing was called. Mrs. Clarke continued by stating that a parking plan was presenting to the Planning Commission but the City Staff elected to Minutes Regular Council Meeting December 15, 1982 Page 16 use only the Marina Board's plan which recommended adequate parking on five specific sites along Corpus Christi Beach. She pointed out that the Marina Board did not recommend perpendicular parking lots and they would like to request now that a specific plan comparable to the 1966 Plan be made before this is passed. Mrs. Clarke also stated that she would like to have answers to their questions in regard to the easements. Council Member Gulley explained that the Corps of Engineers required easements in order to get their vehicles to the beach site; the City Council then gave the City Manager the authority to acquire those easements; one was purchased and the others were acquired with the understanding that parking lots would not be constructed there. He explained that the Council gave the City Manager the authority to do this because it was absolutely necessary for the Corps of Engineers' workers to have access to the beach. He stated that the easements evidently are legal and apparently they have to be honored. He stated that although they do have to honor those easements, they do not anticipate any problems in other areas. City Manager Martin informed Mrs. Clarke that the Corps of Engineers assured him that they were aware of those easements and evidently they approved them. Mrs. Clarke expressed the opinion that this is very unusual that the City would allow control by private owners when they have the entire north end of the beach to move vehicles in. City Manager Martin stated that it was his understanding that the north end was under water at the time the beach was reconstructed. Mrs. Mercedes Eugenio expressed the opinion that because the plan is not really specific, citizen input should be sought before any part of the plan is ready for implementation. She noted that there is no provision in the plan that the citizens will be requested to provide input on specific implementation of the plan. Mayor Jones pointed out that all expenditures will have to be approved and the public will be allowed to provide input any time a portion of the plan is ready for implementation. Mrs. Eugenio inquired if citizens will be advised when some portion of the project is to be developed. She expressed the opinion that citizens should be made aware before the plans are completed so that they may provide comments. utes ..zgular Council Meeting December 15, 1982 Page 17 Mayor Jones stated that he felt that the usual system will provide ample notice to alert citizens because plans will be considered by various boards and commissions before the Council acts on any of them. Mr. Sam Allen, representing the Central Business District Association, expressed support of the entire Bayfront Plan. He inquired if the boundary of the downtown district as well as the tax increment district will extend to Upper Broadway and Council Member Dumphy stated that it does extend to the east side of Upper Broadway. Mr. Galen Westwick, speaking on behalf of OPUS, expressed opposition to the Bayfront Plan. He stated that they were very pleased with the previous plan but there has been a complete change and they feel that parking on the beach is inadequate; the plan is very vague; the perpendicular parking areas will not provide for nourishment of the beach or maintenance; and the changes have not been considered by the Planning Commission. Mr. Westwick then referred to the planned parking on the beach and stated that they concurred with the parks at the north and south ends but expressed the opinion that there are not enough parking spaces provided and the parking goes too near the water to be practical. Mr. Westwick pointed out that no restrooms are planned for the intermediate areas and there will be eleven City blocks between restrooms. Mr. Westwick also pointed out that the design configuration for perpendicular parking almost to the water's edge divides the beautiful beach. He also referred to Article 5, Paragraph 4, of the City Charter which states that all recommendations and Master Plans must contain a recommendation from the Planning Commission and he was of the opinion that presenting parking lots that are perpendicular to the beach for passage by the City Council is in violation of that portion of the City Charter. He then displayed a design that he felt was a good compromise and is in accordance with the 1966 Plan. He stated that he would provide the Council with copies of his plan. He then urged that the plan be sent back to the Planning Commission before it is adopted. Mayor Jones inquired if there are plans for additional restrooms in areas other than at the north and south ends of Corpus Christi Beach. City Manager Martin explained that in addition to the ones planned for the north and south ends, there are some planned in the middle area. He also pointed out that they certainly plan to have two parking areas between those Minutes Regular Council Meeting December 15, 1982 Page 18 three designated areas and they do not include plans for restrooms but the Conceptual Plan for the Bayfront does not indicate that they cannot be built there. City Manager Martin then displayed the 1967 Corps of Engineers' report at which time public property was totally under water. Mr. Royce Tate, 215 Oleander, stated that he was speaking on behalf of the Council of the Breakers Condominium and for himself and that he supports the plan including the revisions because he feels that the plan is just for guidance and it should be up to the Engineering Department to construct parking lots as they are needed. He assured the people in the audience that there is no movement to deny the public access to the beach. He pointed out that parking lots are very expensive and there is no need to have more parking lots than necessary and he was of the opinion that they should be constructed as the need for them becomes apparent. Mr. Norman Thompson, 4242 Gulfbreeze, stated that his home is on the beach and he is also a member of the Breakers Condominium Council. He stated that those people are vitally interested in a fine plan for Corpus Christi Beach, one that is aesthetically pleasing and that will serve the public. He stated that no one who lives there has ever objected to people going to the beach and pointed out that it is physically impossible for private owners to restrict public access to the beach. He stated that he supports the plan. Mr. Dean Banks, 225 Waverly, presented for the record the design presented by OPUS, including a fact sheet. He stated that the OPUS Board of Directors has voted to take legal action to restore public access to the beach; it will be a Class Action suit; and OPUS has been joined by other groups. He suggested that the Staff read very carefully Article 5 on the Procedure for Revision of Master Plans, intimating that the Staff has not followed the proper procedures in changing from the 1966 Plan. He stated that they regret that they have to take this action because for months, they have offered various proposals and suggestions which have not been responded to at all by the City Staff and all of their recommendations and efforts have gone for naught. He alleged that this is an attempt to replace a very specific Master Plan with a very vague Master Plan and he referred to his fact sheet on Corpus Christi Beach. He expressed the opinion that the Master Plan adopted in 1966 was very specific; there was nothing included in the restoration plan that the beach was restored for the benefit of property owners; it was the intent to restore lutes Jgular Council Meeting December 15, 1982 Page 19 the beach for the public; and the large parking areas were designated because the Corps of Engineers planned for massive use of the beach. He stated that there is clear evidence that some public officials have tried to discourage use of the beach by the public and a former City Manager stated very clearly during a Workshop Meeting that traffic will be channeled to the north end of the beach. Council Member Hawkins stated that he would like to see the plan adopted for the portion south of the ship channel because if the area including Corpus Christi Beach is going to become involved in a lengthy lawsuit, there is a need to adopt this portion of the plan so that development can commence. City Manager Martin questioned the validity of a lawsuit pertaining to a Conceptual Plan. Council Member Hawkins stated that there is obviously strong opposition to one part of the plan by the League of Women Voters, OPUS and other groups and he would hate to see the entire plan delayed. Mayor Jones pointed out that as Mr. Martin had said, this is a Conceptual Plan, and there is nothing in this plan that does not require action by the Council or by a Board before being implemented. Council Member Gulley questioned those organizations concerned about the plan because their arguments are based on what the Corps of Engineers will approve, yet the Corps of Engineers has indicated by letter that they are satisfied with this plan. Council Member Dumphy stated that the Council wanted as much public input as possible before this plan is adopted and the City now has a plan which does spell out that there will be more parking lots and parking spaces in accordance with the concerns of a number of people. He expressed concern that a number of people has indicated that there is a conspiracy and stated that if there is, then the Council should find out about it. He also mentioned the fact that the Corps of Engineers have informed the City that the 1966 Plan was not set in concrete and stated that he was ready to vote for this plan now and move on with the project. Council Member Hawkins reiterated that he felt that the Plan should be divided so that the area south of the ship channel could be approved now. Council Member Zarsky concurred with Mr. Hawkins and agreed that the portion should be approved today so that the City can establish with the tax increment plan. Minutes Regular Council Meeting December 15, 1982 Page 20 Mr. David Salinas, 6706 Wood Iron, expressed the opinion that it is very unfortunate that there are plans to file a lawsuit. He stated that he would like to see all fourteen streets remain open with parking areas at the ends of the streets and urged that this be considered. He urged that a portion of the Bayfront Plan should be approved now or have the entire plan sent back to the Planning Commission. He urged that the rest of the Council consider the remarks of Council Member Hawkins. Mr. Tom Hunt, Sr. then read a letter that he had received from the Corps of Engineers concerning the Corpus Christi Beach Restoration Project. Mr. Hunt stated that a great deal of confusion has resulted from the word, "Conceptual". He pointed out that the funds used to restore the beach were federal funds and any lawsuit will be tried in a federal court, not a local court and the issues in the lawsuit would be the easements granting special privileges to property owners. He also concurred that there was a planned scheme to divert public traffic to the north end of the beach and there was the implication that the other portion of the beach was for private developers. He stated that they see no alternative but to go to court to find out what actually happened and why. Council Member Gulley stated that a lawsuit will not necessarily stop bayfront improvement because the City could start tomorrow with pedestrian walkways on Shoreline, etc., because there is not a requirement that the City. have a plan. Mr. Hank Snyder, 3632 Ocean Drive, complimented the Council for standing up for what is right and urged that the Bayfront Plan be adopted and that Corpus Christi Beach be developed. Mr. Bill Dominy, 4242 Gulfbreeze, agreed with Mr. Snyder and urged that the plan go forward. No one else spoke in regard to the Bayfront Development Plan. Mayor Jones called for the vote on the motion to approve on first reading and the ordinance was passed as follows: 29. FIRST READING: ADOPTING THE BAYFRONT DEVELOPMENT PLAN. PROVIDING FOR REPEAL, SEVERANCE AND PUBLICATION. Utes iNegular Council Meeting December 15, 1982 Page 21 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dumphy, Gulley and Zarsky voting, "Aye"; Turner and Kennedy, "abstaining"; Hawkins, absent from the Council Chamber at the time the vote was taken. Mayor Pro Tern Turner and Council Member Kennedy returned to the Council Chamber following the reading of the ordinance. 0*0*0*0*0*o*0*0*0*0*0*0*0*0*0*0*0*0*0* Mayor Jones announced the public hearing on the following matter: Consider an ordinance providing for a reinvestment zone for tax increment financing; establishing a board of directors for such zone; and other matters relating thereto. City Manager Martin explained that the proposal before the Council is that they adopt an ordinance that will create a reinvestment zone for tax increment financing to include the area displayed last week encompassing the Bayfront Development Plan. He stated that the proposal is to conduct a public hearing and pass on first reading the ordinance forming such a district. He stated that prior to final adoption of the ordinance, there is a need to resolve contractual documents with the Nueces County, Del Mar Junior College District and Corpus Christi Independent School District. He explained that at the same time the agreements are approved, the decision should be made as to whether the other taxing agencies should have equal representation and the Staff recommends that one member of each of those taxing organizations have a representative on the board. Mr. Nick Trkla of the firm of Trkla, Pettigrew, Allen and Paine, explained that his firm was engaged to assess the appropriateness of the tax increment financing for the City of Corpus Christi and then presented an update of the district. He explained their study and assured the Council that based on a number of factors, his firm is of the opinion that the development can be directed through tax increment financing, which in their judgment would allow for achievement of levels of financing not available any other way. He stated that, in their opinion, in Corpus Christi proposed reinvestment zone they can sustain development of several types and the other opportunities for hotel mixed use and marina assets could easily be developed with private/city development. He expressed the opinion that those improvements will enhance the entire zone and benefit the entire City and that through this method of financing, new development could occur at faster rates and at higher values. Mr. Trkla then Minutes Regular Council Meeting December 15, 1982 Page 22 explained the various items that had led them to reach that conclusion. He summarized by expressing the opinion that what is happening in the Central Business District and what is planned for the Bayfront makes it timely to implement this tax plan. Council Member Zarsky inquired as to whether or not Mr. Trkla had considered the amount of taxes that would be taken out of this increment area by other taxing entities. Mr. Trkla replied that it was not specifically addressed. Council Member Zarsky then asked for the City Manager's analysis based on his meeting with the County and School Districts. City Manager Martin stated that they have made some assumptions as to where, when and how development will be made. He stated that next week when the ordinance establishing the tax increment district will be considered for second reading, consideration of the contracts with other entities will also be on the agenda. Mayor Pro Tem Turner inquired if there are legislative limitations associated with this type of financing, and Mr. Martin replied that they must be used for capital public works and studies related to them. Mr. Trkla then read the list of types of items that can be included in tax increment zones. Also speaking in regard to this matter was Mr. Hayden Head, Chairman of the Area Development Committee, who stated that he was glad that they had been able to participate in the funding of the study of tax increment financing primarily to help with the development of the Bayfront. He stated that they were of the opinion that the tax increment plan is ideal to aid in the development. He continued by stating that they feel that the concept of the bayfront development plan is excellent and that it should be conceptual in nature. He expressed the opinion that this is the time for this plan to be put into effect. Mayor Jones ascertained that no one else wished to speak in regard to this matter. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. City Secretary Read polled the Council for their vote on the first reading of the ordinance and the following was passed: M utes ._..gular Council Meeting December 15, 1982 Page 23 FIRST READING: PROVIDING FOR A REINVESTMENT ZONE FOR TAX INCREMENT FINANCING; ESTABLISHING A BOARD OF DIRECTORS FOR SUCH ZONE; AND OTHER MATTERS RELATING THERETO. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote was taken. o*o*o*o*o*o*o*o*o*o*o*oto*o*o*o*o*o*o Council Member Hawkins referred to the single -member district lawsuit and stated that he wanted to make an explanation. He informed the Council that he could no longer participate in closed meetings pertaining to this lawsuit and that he planned to file a motion with the Court for realignment in support of single -member districts. He then submitted for the record three proposals of a new method of election as follows: (1) the 5-4 Plan suggested by the League of Women Voters; (Z) the 5-4 Plan submitted to the Committee of 16; and (3) the 6-3 Plan submitted for the record developed by himself. He stated that he disagreed with everything the Council is doing; disagrees with the defense of the lawsuit; and he will file the motion for realignment as soon as possible.' Council Member Dumphy asked for an explanation of a motion for realignment, and Mr. Hawkins replied that he will ask the Court to remove him from the defendants and place him in the middle in the lawsuit. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Reverend G. A. Summers presented to the Council a petition containing 659 signatures of people who are opposed to the topless bars in the Turtle Cove Shopping Center. He expressed the opinion that a business such as this destabilizes homes in the area, does not produce any constructive work, homes become disrupted, etc. and he feels' that there is no reason for the topless bars to continue to operate. Council Member Kennedy inquired as to what degree the Council could regulate the location of business establishments such as this. City Manager Martin stated that zoning is the only tool by which the Council could attempt to control such businesses, but even with zoning the Council cannot specify particular standards. He stated that the proper procedure would be to go through the County and the State. He pointed out Minutes Regular Council Meeting December 15, 1982 Page 24 that since this particular bar is already zoned for this type of business, there is nothing that the Council can do through zoning. City Attorney Aycock agreed that the City has no control over this operation except through zoning. Council Member Zarsky commended Reverend Summers for his efforts and stated that even though the Council cannot control this type of operation at this time, they could pass a resolution urging the Legislature to pass legislation to control this. Assistant City Attorney John Bell stated that the Legal Department is presently receiving all of the pre -filed "Bills", and there is proposed legislation to prevent topless bars and similar operations. Mayor Jones requested that Mr. Bell find out which Bills are being proposed and provide Reverend Summers with that information. Mr. Jack Gordy, 5802 Everhart, addressed the Council in regard to street signs and the fact that police are not reporting them. He stated that he had checked and the Traffic and Transit Department has no record of any police officer filing a report of signs that are down. He also objected to the regulations governing the cutting of trees that obscure the street signs and expressed the opinion that a stricter ordinance should be passed. Mr. Gordy also mentioned the speed limit on Ocean Drive and alleged that it is being selectively enforced in that City vehicles do not obey the speed limit. He informed the Council that on Monday night, December 7, 1982, car No. 828 was exceeding the speed limit. He expressed the opinion that there should be no exceptions made for City employees. Council Member Zarsky agreed with Mr. Gordy about shrubbery obscuring street signs and stated that the City should notify the property owners and if it is not done within 30 days, the City should cut the shrubbery. Mr. John Stensland expressed appreciation to the Council and Staff for allowing him to learn how the City operates. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 6:40 p.m., December 15, 1982. o*o*o*o*o*o*o*o*exc*o*G*o*o*o*o*o*o*o