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HomeMy WebLinkAboutMinutes City Council - 06/05/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 5, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero * Dr. CHarles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik ABSENT: Mayor Pro Tem Betty N. Turner i Deputy City Manager Ernest Briones 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 Major A. C. Ross of the Salvation Army, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. 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. Mayor Jones called on Council Member Guerrero to make a presentation on his Steering Committee Meeting for the Policy Committee for Human Development of the National League of Cities. Council Member Guerrero explained the various topics that had been discussed during the meeting, including a bill to authorize a supplemental appropriation of $100,000,000 for the Summer Jobs Program. He explained that MICROFILMED linutes Regular Council Meeting June 5, 1984 Page 2 they could not predict how much additional money this City would actually receive. He also explained that the Administration is urging approval of a program of employment of students at less than the minimum wage. He stated that this would probably not be approved because the House is opposed to it. Mr. Guerrero explained that another major proposal was the Immigration Reform and noted that additional hearings will be held on this issue. He pointed out that there are a large number of amendments to this Immigration Reform measure. He explained another youth employment bill that is being considered which will likely not be approved. He stated that another topic that was discussed was mortgage revenue bonds which expire on December 31, 1984. He stated that both the House and the Senate bills will have a substitute bill for mortgage credit certificates and this will probably be ready about July 4, 1984. He stated that there will be restrictions on leasing in that the sales/lease back operation will be discontinued. * Council Member Kennedy arrived at 2:10 p.m. during Mr. Guerrero's presentation. Mr. Guerrero explained that a number of cities are participating in the sale/lease back program, including city facilities. He then explained the bills before the House and the Senate on IDBs. He stated that the JTPA question was discussed by the Human Development Steering Committee and noted that the funds are not likely to be reduced but the Title III Program may be reduced. He stated that another Steering Committee Meeting will be conducted in San Antonio in September and the primary subject to be discussed will be Health Care Services, including the rising public cost of Health Care. Council Member Guerrero stated that he takes a great deal of pride in the opportunity to serve on this National Committee which would not have been possible had it not been for the lobbying efforts of Mayor Jones who was President of the Texas Municipal League at the time he was appointed to this Committee. Mayor Jones called for Confirmation of Action of the Council from the Workshop Session on the following item: 1. Endorsing the Palm Fund Campaign and establishing a trust fund. A motion was made by Council Member Brown that the foregoing item be confirmed, seconded by Council Member Slavik and passed unanimously. Mayor Jones noted that the cost will be approximately $300,000. linutes Regular Council Meeting June 5, 1984 Page 3 Mayor Jones called for consideration of the Minutes of the Regular Council Meeting of May 30, 1984. A motion was made by Council Member Brown that the Minutes be approved, seconded by Council Member Slavik and passed unanimously. Mayor Jones announced the following presentation: Acceptance of the Corpus Christi Junior League Computer Literacy Program to be operated in the Corpus Christi Library System and recognition of the Junior League for this outstanding public service. Assistant City Manager Tom Utter stated that he would like to make a few remarks first. He stated that the item to be considered is the acceptance of this computer literacy program. He stated that the Staff is very pleased that the Junior League has devised this program which will include the work of many volunteers. He noted that the money in the amount of the donation is $100,060, which is very important, but more important is the time donated by the volunteers who will teach the program. Mr. Roger Pearson, Director of Libraries, explained that he has been working with the Junior League for almost two years to establish a program on which they could work. He stated that during their investigation, they discovered that libraries all over the United States are installing personal computers for training of the public. He explained that they will train citizens in the use of personal computers and this particular system will be in operation at the Greenwood Library in late October of 1984. Mr. Pearson then introduced various members of the Junior League, the Library Board and Friends of the Library who were present in the audience. Several of the Council Members expressed appreciation for this outstanding program that will be put into effect. Mr. Pearson explained that the program will be available to anyone who has a library card. Mrs. Bonnie Cohen, Committee Services Vice President of the Junior League, stated that there is no other program of this kind sponsored by the Junior League. She stated that working with Mr. Pearson and his Staff has been a pleasure and she briefly explained the 40 -year history of the local Junior League and its fund raising activities. A motion was made by Council Member Mendez that this program be accepted, seconded by Council Member Slavik and passed unanimously. Mrs. Mary Bell, Chairman of the La Retama Library Board, explained that the first library in Corpus Christi was started by a group called "Ladies of the La Retama Club." linutes Regular Council Meeting June 5, 1984 Page 4 * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Authorize the City Manager to receive bids for a supply agreement for the replacement of a minimum of 1,092 palm trees killed by the December, 1983 freeze. It is recommended that a minimum of 14 areas receive palm trees in the range of 6-12 feet and that bids be received on June 27, 1984. 2. Approving the purchase of fire fighting foam for the Fire Department based on low bid meeting specifications to Vallen Safety Supply Corp. for $12,267. Prices have decreased 2.5% since the last purchase August, 1983. Fifteen bid invitations were issued and three bids were received. Funds are included in the 1983-1984 Budget. 3. Rejecting the bid submitted by R & D Builders on the Corpus Christi Beach Site Development project. R & D Builders submitted the only bid which was 66% of the estimate and has submitted a letter requesting that it be rejected because of errors. Problems would certainly result relating to contract performance if an award is made. Additionally, it is recommended that the project be deferred until October, 1984 pending a possible Texas Park and Wildlife matching grant. The project could then be in two separate construction contracts in order to create more contractor interest. Five parking lots, a shower/restroom facility, play areas, landscaping and picnic areas are proposed. 4. Accepting the proposal of a computer literacy program to be funded and operated by the Junior League in the amount of $100,060 over a five-year period to be operated in the various library facilities by volunteers. Also, commending the Junior League for their outstanding contributions to the Citizens of Corpus Christi. 5. Rejecting all proposals for the Cole Park Concession Area and authorizing the City Manager to accept new proposals on June 20, 1984 at 2:00 p.m. 6. A public hearing be held on June 19, 1984, during the regularly scheduled Council Meeting for the Purdue Road paving assessments from Debra Lane to Laguna Shores Road, which is a rehearing for the purpose of reevaluating enhancement to abutting properties. The original assessment hearing was held on February 15, 1984. Council Member Mendez referred to item 3 and inquired about the reason for the lack of interest generated on this project since only one bid was received. Assistant City Manager James K. Lentos explained that the project includes a number of different types of work, and it is possible that the contractors did not feel that there was any specific type of work that they would like to perform. Deputy City Manager Ernest Briones stated that, in other words, the contract was too diverse to generate very many bids. linutes Regular Council Meeting June 5, 1984 Page 5 Mr. Lontos continued by stating that in the fall, the items in the project will be divided into separate contracts. He stated also that they are anticipating a grant for part of the work from the Texas Parks & Wildlife Department and it seems reasonable to go out for bids after this grant has been received. Council Member Slavik inquired as to why the contract was not divided in the first place, and Mr. Lontos explained that the Staff did not really perceive that there was going to be a problem. Council Member Slavik continued by stating that she did not think there was any question that the grant would be received. Assistant City Manager Utter explained that in August of 1983, this City had the top ranked project in the State which was the Bayfront Overlooks; this project was also included in the top ranked group; and because the City had so many funding requests, they decided to only fund the Bayfront Overlooks. He stated that the City has now been informed that they will receive the grant for this project in October of 1984. Council Member Slavik stated that she would like to have the City go ahead with the parking lots and she would be in favor receiving bids for the parking lots only at this time. Mr. Utter explained that if the $200,000 is used now, the City would not have the required matching funds necessary to receive the grant. Mayor Jones then called for comments from the audience on the Consent Motions. Mr. J. E. O'Brien, 4130 Pompano, speaking for the Corpus Christi Taxpayers Association, referred to item 3 also, noting that apparently the City is about to again create problems on Corpus Christi Beach. He stated that the reason the City's request was denied for the grant request was because the City had already been granted funds on other projects. He stated that he would like to know who was contacted with the Corps of Engineers as referred to in Mr. Lontos' memorandum, noting that he had talked with Colonel Lopshire of the Corps of Engineers at 8:30 a.m. that morning who indicated that he had no knowledge of what was going on in Corpus Christi. He stated that he did not recall any remarks in the past that this City was dependent upon matching grants for this Corpus Christi Beach project. He expressed the opinion that seven years is a long enough time for the Staff to examine all of the ramifications and he felt that this delay was caused by incapable Staff Members who were purposely trying to delay the project. Assistant City Manager Lontos stated that he had talked with Mr. Jack Armstrong of the Corps of Engineers and agreed that he was disappointed but he understands the position the Staff is in and the Corps is aware of the situation. Iinutes Regular Council Meeting June 5, 1984 Page 6 Council Member McComb inquired about the possibility of separating the project in the terms mentioned, going ahead and accepting bids on July 17th and after the bids are received, it could be determined that the bids would not be awarded for an additional 90 days. Mr. Lontos agreed that it is possible to do that but it is difficult for contractors to bid on projects that must be delayed for 90 days because of price fluctuations. Council Member Mendez pointed out that the contractor who had submitted the bid had already withdrawn his bid because he underestimated the cost. Council Member McComb referred to item 5 and stated that he had received a number of comments that Cole Park is a family-oriented area and most of the people going to the park bring their own lunches. He questioned the need for a concession stand. Mr. Utter explained that there is already a kitchen facility in Cole Park and he agreed that the Staff should monitor the items that are sold very carefully. Council Member McComb again questioned whether there will be enough business to make the concession stand profitable. Council Member Mendez expressed the opinion that the Council Members should have the opportunity to see what is being required of the bidders. He stated that he felt that if there is going to be a concession stand, the Council should be sure that it will be very attractive. Mayor Jones requested that the Council be provided copies of the bidding specifications on this, and Mr. Utter agreed to do so. A motion was made by Council Member Kennedy that the Consent Motions, items 1 through 6 be approved, seconded by Council Member Berlanga and passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb and Mendez voting "Aye" on all of the items; Slavik voting, "Aye" on all of the items with the exception of item 3 on which she voted "No"; Turner, "absent". Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 7 through 18. Mayor Jones referred to Ordinance No. 7 which authorizes the reimbursement to Brighton Village Venture for funds for the installation of water grid main and the installation of a 24" sanitary sewer trunk main. He inquired if the City had a signed contract which included the cost of these installations. Minutes Regular Council Meeting June 5, 1984 Page 7 Mr. Gerald Smith, City Engineer, stated that approximately one and a half years ago, the Council approved some amendments to the Platting Ordinance and that policy sets up the method of reimbursements. Council Member Mendez referred to item 8 which approves the Change Order to the Meadow Park Recreation Center Expansion Project and inquired about the removal of funds from the 9th Year Community Development Program. He asked about the source of these funds. Assistant City Manager Lontos explained that the work that is being done reflects some of the improvements to the swimming pool program and that was a line item in the 9th Year Community Development Program. He stated that the Staff is of the opinion that it would be in the best interest of the public to perform this work by change order on this project. He stated that $12,000 of the required cost of $13,500 that approved in the 9th Year Program. Council Member McComb referred to Ordinance No. 14 which is the third reading of the amendment to the City Code pertaining to the adoption of a new street and easement closure policy and suggested that this ordinance be removed for discussion separately. The other Council Members indicated their concurrence. Council Member Slavik referred to item 10, the first reading of a one-year lease agreement for a concession operation at a building adjacent to the T. C. Ayers Swimming Pool, and inquired about the approximate cost of the utilities. Mr. Terry Dopson, Director of Park and Recreation, stated that they have not had any experience as to the approximate expense of the utilities. He stated that the electricity was about $100 three years ago but it will be somewhat more than that now. Deputy City Manager Briones stated that the $200 does not include the purchase of the equipment which will be accomplished by the concessionaire. He then inquired of Mr. Dopson if there are any provisions to review the contract, and Mr. Dopson replied that there were not. Mr. Charles Bolden, the concessionaire, stated that they will not have any cooking of food at the location; the contract is only for one year; and he is of the opinion that the utilities will be very low in cost. He reminded the Council that in the area of the swimming pool, there are no facilities for people to purchase snacks, cold drinks, etc. He stated that he has been attempting to have a concession at this location for several years. He agreed that they will not make very much money but they will provide a service to users of the pool. He stated that at the end of the one year contract, he will be glad to consider other terms. There were no comments from the audience on items 7 through 18 with the exclusion of item 14 which had been temporarily withdrawn. dilutes Regular Council Meeting June 5, 1984 Page 8 City Secretary Read polled the Council for their votes and the following ordinances were passed: 7. ORDINANCE NO. 18269: AUTHORIZING REIMBURSEMENT TO BRIGHTON VILLAGE VENTURE FOR INSTALLATION OF A 12" WATER GRID MAIN AND THE INSTALLATION OF A 24" SANITARY SEWER TRUNK MAIN; APPROPRIATING $43,170.19 OUT OF THE NO. 143 FUND AND $101,700.38 OUT OF THE NO. 145 FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 8. ORDINANCE NO. 18270: AUTHORIZING EXECUTION OF CHANGE ORDER NO. 3 TO THE CONTRACT WITH B & B BUILDERS PROVIDING FOR POOL AREA IMPROVEMENTS AND ADDITIONAL ARCHITECTURAL FEES AT MEADOW PARK RECREATION CENTER; APPROPRIATING $12,435.30 FROM THE NO. 162-152-807.07-502, 9TH YEAR COMMUNITY DEVELOPMENT GRANT BLOCK FUND TO BE SUPPLEMENTED BY $1,005.00 FROM THE PARK OPERATING BUDGET N0. 102-518.47, CODE 345; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 9. ORDINANCE NO. 18271: CLOSING AND ABANDONING THE NORTHERN 2.5 FEET OF THE 7.5 FOOT WIDE UTILITY EASEMENT IN LOT 2, BLOCK 7, WESTHAVEN TERRACE UNIT 2, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 10. FIRST READING: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH C. M. BOLDEN FOR A CONCESSION OPERATION WITHIN THE BUILDING LOCATED AT THE CORNER OF COKE STREET AND MARTIN LUTHER KING DRIVE, ADJACENT TO THE T. C. AYERS SWIMMING POOL. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 4inutes Regular Council Meeting June 5, 1984 Page 9 11. SECOND READING: REPEALING SECTION 2-61 OF CHAPTER 2 OF THE CITY CODE AND IN LIEU THEREOF ENACTING A POLICY OF ABSENCES FROM MORE THAN 25 PERCENT OF REGULARLY SCHEDULED MEETINGS BY MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES IN ONE TERM YEAR RESULTING IN AUTOMATIC VACANCY, WHICH DOES NOT PRECLUDE REAPPOINTMENT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 12. SECOND READING: CLOSING AND ABANDONING THE 50 FOOT WIDE ROAD EASEMENT IN LOT 13, BLOCK 11, SUNSHINE ACRES SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 13. SECOND READING: CLOSING AND ABANDONING THAT 40 FOOT WIDE SECTION OF EVERHART ROAD DESCRIBED BY ATTACHED MAP AND METES AND BOUNDS; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 14. (This ordinance was temporarily withdrawn.) 15. THIRD READING - ORDINANCE NO. 18272: AMENDING ORDINANCE NO. 17893 WHICH AUTHORIZED THE EXECUTION OF LEASE AGREEMENTS WITH AMERICAN AIRLINES, INC., CONTINENTAL AIRLINES, INC., EASTERN AIR LINES, INC., EMERALD AIR, INCORPORATED, AND SOUTHWEST AIRLINES CO. FOR TERMINAL RENTALS AND LANDING FEES BY AMENDING THE EFFECTIVE DATE OF THE LEASE AGREEMENT WITH CONTINENTAL AIRLINES, INC., ONLY FROM AUGUST 1, 1983, TO SEPTEMBER 25, 1983. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 16. THIRD READING - ORDINANCE NO. 18273: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING PURPOSES WITH MR. AND MRS. EUGENE SMITH, FOR A 22.74 ACRE TRACT ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT. inutes Regular Council Meeting June 5, 1984 Page 10 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 17. THIRD READING - ORDINANCE NO. 18274: CLOSING AND ABANDONING THAT 97 FOOT LONG PORTION OF LAMBERT STREET ADJACENT TO LOT 15, BLOCK 10, PARK PLAZA ADDITION UNIT 3; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 18. THIRD READING - ORDINANCE NO. 18275: AMENDING THE CODE OF ORDINANCES, SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, WHICH WILL CHANGE THE SPEED LIMIT ON PORTIONS OF LAGUNA SHORES ROAD AND AIRLINE ROAD; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". Mayor Jones called for consideration of Ordinance No. 14. Assistant City Manager Lontos explained that several Council Members in the past and on the current Council had questioned the City's policy regarding the closing of streets, alleys and easements. Mr. Lontos stated that a question had arisen as to the legality of the City closing these streets and questions have been raised about the possibility of reimbursement for the land acquired by the abutting property owners through the street closures. He explained that the present policy is that a fee of $200 is charged for an application to close streets and a fee of $100 is charged for the closing of easements and the property involved in the street closures reverts back to the abutting property owners at no cost. He reminded the Council that they had asked the Staff to determine what other cities do in this type of situation and he had ascertained that a number of cities in the State of Texas have a policy by which they charge for land acquired from street closings. He stated that the Staff does not recommend charging for alley closings because it removes the necessity of maintenance by the City Staff and the City gains by the closing of the alleys. He also reminded the Council that at their request, this subject had been referred to the Planning Commission twice and their action was to take no action on payment for street closures. He stated that this was reported to the City Council, at which time they requested that the recommended charges be placed before them in the form of an ordinance. linutes Regular Council Meeting June 5, 1984 Page 11 Council Member Mendez noted that a number of people in the audience wished to speak on this subject and asked that a representative of the Planning Commission address the Council first. Mr. David Conoly, Vice Chairman of the Planning Commission, stated that the Chairman was unable to attend and noted that Mr. Lontos had indicated that the Planning Commission had moved that no action be taken. He stated that he wanted to assure the Council that the decision of the Planning Commission was that they are opposed to these charges and possibly the motion was not clear but he wanted them to know that they are definitely opposed to the proposed charges. He explained that the Planing Commission views things from a planning standpoint and in his judgement, the proposed charges for street closings is actually a taxing measure. He stated that if the City wants to recover the cost of closing streets, he was of the opinion that an increase should be made in the fee charged for the application, not for the land acquired. Council Member Berlanga stated that he felt that the City is the sole owner of the property because the land has been dedicated and he felt that it is only right that the City receive funds for the loss of the street. Mr. Conoly pointed out that his understanding was that most of the funds obtained would be from closing "paper streets" which are often outside the City limits at the time they are platted. He pointed out that those streets have never actually existed on the ground and when someone purchases the property, in most cases, the buyer purchases those streets as well. Council Member Brown stated that he has been rather uncomfortable with this ordinance since its first reading. He noted that there are many miles of streets that are just on paper and he did not feel that there should be any charge for streets that are not actually in existence. Council Member Kennedy also stated that that was a question he had brought up the preceding week and it is his understanding that when you are trading out streets, there would be no charge for the relocation. He stated that according to City Manager Martin, when developers such as Dillards in their expansion closed streets, actual streets were closed and there should be a charge for that type of street closing. Mr. Conoly reiterated that he was informed by the Staff that paper streets are primarily the streets that will be affected by passage of this ordinance. Council Member McComb stated that he would suggest tabling this ordinance to revise it to require payment for actual streets on the ground and not paper streets. Mayor Jones reminded the Council that this matter is being considered only because of the questions raised by former City Council Member Herbert Hawkins after many streets were closed. He reminded the Council that they had asked the Staff and the Planning Commission to consider this. linutes Regular Council Meeting June 5, 1984 Page 12 Council Member Guerrero stated that he would like for the Staff to confirm that in reality, most of the money that the City would receive would be from paper streets, and Mr. Lontos confirmed that a large portion of the streets closed are paper streets. Council Member Mendez stated that he has requested the Staff to present a transparency showing paper streets and actual street closings. Mr. Smith displayed a transparency showing a plat from the 1960's. He explained that the request was to close a particular 50 -foot right-of-way that was requested by the developers of Windsong Subdivision. He stated that this is a typical paper street. Mr. Lontos noted that the key wording in the ordinance that is causing the controversy is that in the ordinance it states that credit would be given to the developer if the street were required by the Platting Ordinance. Mr. Smith continued by referring to a street closing in The Lakes Subdivision. He stated that for years, there was a 40 -foot wide right-of-way going down Everhart; consequently the 40 -foot right-of-way crosses several lots, and to clear title, the developer needs to close this right-of-way. He noted that the ordinance reads that credit will be given if a simultaneous dedication is made and on this closing, this does not occur. Mr. Lontos pointed out that legally, the public owns the right of access for all dedications made as a requirement of the Platting Ordinance. Council Member McComb stated that he thought that the Council's intent is to obtain some reimbursement for funds spent on improving streets. Council Member Guerrero made a motion that Ordinance No. 14 be denied on third reading and the matter be sent back to the Planning Commission and the Staff for further consideration. The motion was seconded by Council Member Brown. Council Member Kennedy stated that he did not see any problem with withdrawing the third reading to allow the Staff to revise the ordinance somewhat to reflect the feelings of the Council. Mayor Jones stated that he was of the opinion that the City should charge for street closings if the City has spent money to improve the street. Council Member McComb referred to Council Member Guerrero's motion and stated that he sees no reason to go through three more readings of this ordinance because he felt that the Planning Commission and the Planning Staff realize what the City Council really wants and the ordinance can be revised prior to third reading. Council Member Guerrero stated that there are many other questions in the ordinance and if the problems can be resolved by tabling the ordinance, that was satisfactory with him. iinutes Regular Council Meeting June 5, 1984 Page 13 Mayor Jones reviewed Council Member Guerrero's motion by stating that it is to deny the third reading of the ordinance with the understanding that further action would be taken by the Planning Commission and the City Staff. He then called for the vote on the motion and it failed to pass as follows: Jones, Brown, Guerrero and Mendez voting, "Aye"; Berlanga, Kennedy, McComb and Slavik voting, "No"; Turner, "absent". Mayor Jones stated that the motion failed to pass by a sufficient majority of affirmative votes. A motion was made by Council Member Kennedy that the third reading of the ordinance be tabled until the portion dealing with paper streets can be reviewed by the Planning Commission and the Planning Staff. The motion was seconded by Council Member McComb and passed unanimously. Mayor Jones inquired if anyone in the audience still wished to speak on this subject. Mr. Hayden Head addressed the Council and stated that he was opposed to the proposed ordinance because he would be adversely affected by it. He noted that he had appeared before the Planning Commission Meeting at the time it was discussed and would have been at the Council Meeting earlier if he had had notice that this was being considered. He pointed out that no one was given notice that this was being considered by the City Council and informed the Council that there was a great deal of opposition expressed at the Planning Commission. He stated that he would like to clarify some legal questions, noting that the City does not own the streets; there is an easement which is normally thought of as a right-of-way for use in these areas as has been indicated; the City actually owns nothing until there is an implementation of opening the street; the public does not own the land; and the landowner actually owns the land and pays taxes on it. He stated that he did not think anyone would have any quarrel with the concept that the City would agree to a street closing if the City is reimbursed for whatever costs have been invested to develop the street. He noted that the paper street matter goes much deeper than has been indicated and he felt that the ordinance should have been voted down. Council Member Slavik pointed out that stub streets and existing streets do belong to the City or the public. Mayor Jones emphasized the fact that there are some occasions whereby there have been some street closings and the individual purchases that property for his own use, and in his opinion, the Council should consider a charge for that land to be acquired. He pointed out that the Cities of Austin, Dallas, Houston, Lubbock, San Antonio and Temple require payment for land acquired by this means. Minutes Regular Council Meeting June 5, 1984 Page 14 Also speaking in opposition to the ordinance was Mr. Buddy Seeds who referred to the street closures at Padre Staples Mall. He stated that the developers purchased the land; they developed the land; and they installed the streets. He stated that he sees no logic whatsoever in requiring payment for street closings. He stated that he felt that the Council should consider the fact that if the City has paid for the construction of the streets, then they should be repaid, but if the developer pays for the construction of the streets, the City has no right to expect payment. He expressed the opinion that each street and alley closing should be considered on an individual basis. Council Member Slavik stated that she would be interested in having copies of the ordinances from the Cities of Lubbock, San Antonio and Austin before this matter is considered further, and Mayor Jones agreed that that would be helpful. Mr. Roger Seaman, 930 Oriole, explained that he was involved in the ownership of a piece of land on Flour Bluff Drive. He stated that they had purchased 150 acres there and they had to purchase the railroad right-of-way, the Holly Road right-of-way and other dedicated easements. He stated that the City Staff has made such stringent requirements on land development that it is now impossible to purchase houses at moderate prices. Council Member Berlanga stated that that was only Mr. Seaman's opinion. He explained that there are isolated cases where the ordinance to charge for street closings is needed and this ordinance was not meant for paper streets and that is the reason the Council voted to send this back to the Planning Commission and the Staff for revisions. Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Buck Sosa, President of the Corpus Christi Fire Fighters Association, stated that he is addressing the Council in regard to the staffing of the fire stations. He reviewed their requests for additional manpower that had been made on several occasions. He provided the Council with copies of an analysis they had made in regard to the shortage of manpower and referred to the independent consultant they had employed to confirm that there is a shortage of manpower in the Fire Department. He questioned the figures that Fire Chief Ralph Rogers had submitted and stated that they are only asking the minimum manning of four men per unit, and they would like to ask the City Council to give the Fire Department the manpower necessary to ensure the safety of the public. Mayor Jones explained that this matter will have to be considered as a part of the budget; and there would be a public hearing on the budget; and at that time, the Fire Fighters Association would have an opportunity to speak. linutes Regular Council Meeting June 5, 1984 Page 15 Council Member Mendez clarified that Mr. Sosa is actually agreeing with the recommendations that Chief Rogers made that four men should be assigned to each unit but that he is questioning the total additional men needed in that he felt that twenty-two more were needed rather than the fourteen as recommended by Chief Rogers. Mayor Jones stated that he felt sure that the Staff will analyze the report provided them. There being no further business to come before the Council, on motion by Council Member Berlanga, seconded by Council Member McComb and passed unanimously, the Regular Council Meeting was adjourned at 4:43 p.m., June 5, 1984. DZ/rr