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HomeMy WebLinkAboutMinutes City Council - 05/23/1979PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 23, 197° 2:00 P.M. Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. The invocation was given by the Reverend Don F. Pevey of the First United Methodist Church. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally consti- tuted meeting. Mayor Jones informed the members of the audience that the Council will recess the Regular Meeting at 2:45 p.m. until 3:30 p.m. in order that several members of the Council may attend the funeral of Mr. Leslie Chappell, Maintenance Superintendent for Nueces County. Mayor Jones stated that he felt that the members of the audience who were present to speak In regard to St. Andrews Park would be able to do so at approximately 4:30 p.m. Mayor Jones announced that the following proclamations will be presented on Thursday, May 24, 1979: "NATIONAL EDUCATIONAL BOSSES WEEK"- May 20-26, 1979; "V.F.W. BUDDY POPPY DAYS" - POST AND AUXILIARIES #2465 - May 25-26, 1979; "V.F.W. BUDDY POPPY DAY - JOHN N. TIMON POST #2397 - May 26, 1979; "V.F.W. BUDDY POPPY DAY" - JESSE LITTLE POST #8932 - May 26, 1979. Mayor Jones also announced that Just prior to the Council Meeting, he had presented Commendation Certificates to Delegates to Boys' State and Girls' State. Mayor Jones announced the public hearing on the following annexation matter: Contractual annexation of a 10.99 acre mobile home park platted as Lot 1, Block 1, South Clarkwood Acres, located et 716 South Clarkwood Road. The owners have requested annexation and connection to the sanitary sewer system. The adjacent mobile home park Is already in the City limits. NI100flLMED SEP 0 4 105 Minutes Regular Council Meeting May 23„1979 Page 2 City Manager R. Marvin Townsend explained that this is a voluntary annexa- tion of a 10.99 acre mobile home park on Clarkwood Road; it is adjacent to another mobile home park that was previously annexed; Clarkwood Road was also previously annexed;'the owner desires to obtain City sewer service; and stated that this public hearing is required by the City Charter. Mayor Jones ascertained that no one desired to speak in regard to this matter. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that the 10.99 acre mobile home park platted as Lot 1, Block 1, South Clarkwood Acres, be contractually annexed; seconded by Diaz; and passed unanimously. Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recom- mended that: a. Bids be received at 11:00 a.m., Tuesday, June 12, 1979 for the following: (1) A replacement 1,000 gallons per minute pumper truck for the Fire Department. (2) 444 square feet of acoustical ceiling for the Indian and Historical Halls in the north building of the Corpus Christi Museum. (3) 3 exhibit cases for the Antiques Hall in the north building of the Corpus Christi Museum. (4) A 30' x 30' x 12' prefabricated steel maintenance building to be installed at the Cunningham Water Treatment Plant. The current maintenance area Is located In the chemical feed and storage building. A separate maintenance building is needed because of the crowded conditions in the present building due to chemical feeders and solution tanks. Mayor Jones inquired if cost estimates are available for items on which bids are to be received. City Manager Townsend replied that they are on both the purchasing items and the engineering projects. He stated that the estimates are not secret, but neither does the staff like to publicize the amounts because those bidding on the various items have a tendency to bid a similar amount. 4 rtes Regular Council Meeting May 23, 1979 Page 3 b. $14,230 be appropriated out of the Museum Bond Fund for the following additional work toward completion of exhibit space in the north building of the Corpus Christi Museum. Exhibit Cases - Antiques Hall $6,000 Expansion of Sound System for North Hall 1,100 Acoustical Ceiling for Indian and History Halls 6,000 Building Materials - Indian Hall 1,130 $ Specifications for those items estimated to cost in excess of $2,000 will be brought forward for Council approval in the near future for receipt of bids. The 1977 bond election included $200,000 for this purpose. $25,770 has already been appropriated for murals ($10,000),furniture and painting restoration ($12,670) and materials ($3,100). c. Two ultra low volume cold aerosol generators, for use by the Health Department in mosquito control, be purchased from LOWNDES ENGINEERING COMPANY, INC., Valdosta, Georgia on the basis of low bid meeting specifications of $5,640. Bids were received from four firms. Price comparison shows a decrease of 6.21%. These generators will replace two turbine machines. The ultra low volume machines are more effective, use less malathion and can be operated by a one-man rather than a two-man crew. The turbine machines are being phased out. d. Bids be received on June 20, 1979 for Sanitary Sewer 34-B, Section 2 in the western portion of the City. This project is an extension of the Allison Plant trunk sewer system and provides for construction of approximately 2,000 L.F. of 18" sanitary sewer in Hearn Road from Brookiane Drive to Highway 77 and F.M. 624. This protect was originally scheduled for bids on February 7, 1979, but due to problems with the cost of the extreme depth of the line planned at that time, plans were redesigned to provide for shallower depth for the trunk line in order to reduce cost. This Is a 1977 Bond protect. The developers of Wood River Subdivision have agreed to participate In the cost of oversizing the line from 15" to 18" to serve their subdivision, This Is the third of three contracts for the extension beginning from IH 37 and Sharpsburg Road. The other two are under construction. City Manager Townsend located the area to be served by this sewer extension on the map and informed the Council that the Wood River Subdivision developer will construct a force main and will voluntarily annex the property to the City. e. The North Carancahue (Buffalo to Winnebago) and Winnebago (North Carancahua to Upper Broadeway) Street Improvements be accepted and final payment of $30,625.20 for a total of $36,742.46 be made to King Construction Company. It is further recommended that the final assessment roll be adopted, including 5 parcels and a total assessment of $5,783.22. This protect included cons- truction of curbs, gutters, driveways, sidewalks and new pavement on Carancahua Street and a hot mix asphalt overlay on Winnebago. f. The public hearing on paving assessments on Betel Street from Burnet to CrosstownExpressway be closed and the assessment roll be adopted. The total assessments are $12,500 for 25 items. The improvements are included In Change Order No. 4 (832,822) to the Lozano School Area Street improvements contract with M 6 M Construction Company. Betel Street was Inadvertently omitted from the original contract for the Lozano School Area streets. Minutes Regular Council Meeting May 23, 1979 Page 4 9• $63,156 be appropriated from the Park Bond Fund for reimbursement to the General Fund for proposed improvements to Los Encinos Park to be made by Park Division forces and the Youth Conservation Corps Program. The improvements will include, drainage, a water system and picnic and play facilities. $7,023 of the appropriation will be the City's match for the Youth Conservation Corps Program this summer. The program will involve 32 youths in construction activities at Los Encinos Park. The total program cost is $33,588 with the remainder being paid by the Texas Department of Community Affairs. The City has sponsored a Youth Conservation Corps Program for the last 4 summers. City Manager Townsend stated that the Youth Conservation Corps program requires a great deal of administrative work and that the only camp planned for this sumer is a non-resident camp for local youth. Council Member Diaz inquired if someone is coordinating an effort to save as many trees as possible in this park. City Manager Townsend assured Mr. Diaz that the City staff has been instructed to save as many trees as possible in all of their projects. Mayor Jones inquired about the method of selecting the young people who will be employed. After checking with staff members, City Manager Townsend informed the Council that boys and girls between the ages of 15 thru 18 are eligible; applica- tions are received by the City's Parks and Recreation Department; the applications are then sent to the Texas Department of Community Affairs in Austin, Texas, for final approval of those to be employed. h. The Airport Fund Budget be amended by reducing the contribution to Debt Service by $20,721 and provide $20,721 for seal coating the north -south runway. The work was authorized by the City Council and performed by the Street Division. The cost of the work should be reflected in the Airport Fund where it becomes a basis for future calculations for user fees. In a related matter, Mayor Jones requested that a copy of the letter received from the Airport Operators be provided the Airport Advisory Board. i. The recommendation of the Civil Service Commission that a renewal agreement be executed with the Texas Comission on Law Enforcement Officer Standards and Education for local administration of the Commission's Police Entrance Examination be approved. The City has been using the test for two years for Police Trainees. There is no cost to the City for use of the exam. Council Member Turner inquired If the City had encountered any problems with EEOC in regard to the entrance examinations, and City Manager Townsend assured her that the tests have been approved by everybody involved and they have the con- currence of EEOC. as Rty„Iar Council Meeting May 23, 1979 Page 5 j. Authority be granted to execute the Coastal Bend Consortium Agreement for Employment and Training Program for fiscal year 1980, providing for the City to continue its membership effective October 1, 1979 through September 30, 1950 and act as the administrative unit. k. The following charges be increased for Aid Ambulance Service: Emergency Ambulance Service within the City completed run Emergency Ambulance Service outside the City, but within Nueces County, completed run Non -emergency runs (transfer) within the City Non -emergency runs (transfer) outside the City, but within Nueces County Emergency or non -emergency runs within or outside the City, but within Nueces County, requiring oxygen Intravenous injections Other medication (minimum or cost) Electrocardiogram From To $45.00 $60.00 $55.00 $70.00 $40.00 $50.00 $50.00 $65.00 Additional $ 6.50 $ 6.50 $ 6.50 $10.00 These proposed rates have been approved by the Ambulance Advisory Council and the Nueces County Hospital District Board and will increase the revenue approximately $76,000 annually. Rates were Increased $5.00 in August of 1978. Mayor Jones called for comments or questions from the members of the Council on the City Manager's Reports. Council Member Best referred to Item "g" and asked if the administrative problems associated with the Youth Conservation Corps Program are worth the advan- tages to the City and the youth involved. City Manager Townsend stated that because of the red tape involved, the City staff had considered not applying for the funds for this program but finally, after further evolution of the program, determined that the benefits were greater than the problems. Mr. Townsend further explained the program by stating that the program consists of employment for 30 hours per week; the salary is $2.90 per hour; and the entire budget includes supplies, tools and other needed equipment for the young people to use. Mayor Pro Tem Sample invited the Council to visit one of the work sites where the youth are working. He informed the Council that he had visited one of the parks where they were working and discovered that the young people were working very hard and accomplishing a great deal. Mr. Sample also pointed out that this program gives the young people something to do during the summer, as well as Minutes Regular Council Meeting May 23, 1979 Page 6 providing them an opportunity to earn money. Council Member Zarsky Inquired if the City is involved with any type of program in which children or young people work for less than minimum wage. City Manager Townsend replied that this was not possible with Federal funds. He explained that the Texas Department of Community Affairs is in charge of this program; they determine who will be employed; and one of the criteria is the family income of the applicant. Council Member Diaz pointed out that this program has the same effect on a State level that the CETA program has on a nationwide level, in that by providing employment for the unemployed, the economy is improved and the personnel involved are afforded an opportunity to be employed. Mayor Jones called for comments from the audience on the City Manager's Reports. An unidentified lady referred to the Los Encinos Park and inquired about the method of selecting the particular park to be Improved by the Youth Conserva- tion Corps. City Manager Townsend replied that the staff attempts to find a park that meets some of the requirements of the program and for which materials are available. There were no further comments from the audience. Motion by Sample that the City Manager's Reports, Items "a" thru "k," be accepted; seconded by Zarsky; and passed unanimously. Motion by Sample that the Council Meeting be recessed until 3:30 p.m.; seconded by Zarsky; and passed unanimously at 2:46 p.m. ..*.,* ****t.** Mayor Jones reconvened the Regular Council Meeting at 4:48 p.m. following the Special Council Meeting scheduled for 3:30 p.m. on zoning cases. City Manager Townsend presented for the Council's consideration the following tabled zoning application: 8 TABLED: City of Corpus Christi from "B-1" to "R -1B" on Lot 8, Block 6, Harlem Park located on the southeast corner of Washington Street and Ada Street. The public hearing on this application was held last week. The application was tabled for one week to determine the amount of assessment for street improvements levied against the property and what effect a change of zoning might have on the assessment. ces Regular Council Meeting May 23, 1979 Page 7 City Manager Townsend reminded the Council that this zoning case was tabled last week in order to provide the staff an opportunity to ascertain the amount of taxes paid by the property owner and the difference in assessments levied against this property when the street was improved if the property had been zoned "R -1B" at that time. Mr. Townsend informed the Council that the taxes on the property are figured on the basis of residential property and the paving assessments would have been $118.42 less if the property in question had been zoned "R -i6" rather than IIB -1". Motion by Sample that this Item be removed from the table, seconded by Diaz, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and that the zoning on Lot 8, Block 6, Harlem Park, be changed to "R -1B"; seconded by Turner; and passed unanimously. City Manager Townsend Informed the Councll that he had Just received a message from Senator Carlos Truan in regard to the Senate bill pertaining to park land dedication by developers which is being considered by the State Senate at this time. Mr. Townsend stated that Senator Truan had asked that the Councll be advised that he had been instrumental In having the bill amended to state that cities will be allowed to require dedication of park land by developers up to 5% of the land being developed; a total of 10% may be acquired; and cities will be allowed to purchase the second 5% at market value. City Attorney J. Bruce Aycock further explained that the first 5% would have to be dedicated by the developer, and the second 5% could be purchased by the cities at market value. He stated that apparently this was approved by the Senate today. Mayor Jones noted that the 5% is the amount of land that the Clty has always required for dedication. Council Member Turner inquired if the City is required to maintain that 5% of park land that Is dedicated, and Clty Manager Townsend replied that the Minutes Regular Council Meeting May 23, 1979 Page 8 City is maintaining that 5%. Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances listed on the agenda and one of the ordinances effecting the zoning change on one of the applications that was heard during the Special Council Meeting. There were no comments from the Council or members of the audience on these ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: ADOPTING NEW AID AMBULANCE SERVICE RATES; PROVIDING FOR SUPPLEMENTARY CHARGES FOR OXYGEN, INTRAVENOUS INJECTIONS, MEDICATION AND ELECTROCARDIOGRAMS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, AND PARTICULARLY REPEALING ORDINANCE NO. 14462; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting "Aye" SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY INCREASING THE SPEED LIMITS ON VIOLET ROAD (F.M. 24) FROM A POINT 5531.35 FEET SOUTH OF LEOPARD STREET (S.H. 9) TO THE NORTH FRONTAGE ROAD OF I.H. 37 TO 45 MILES PER HOUR AT ALL TIMES, EXCEPT WHEN SCHOOL LIMIT FLASHERS INDICATING 35 MILES PER HOUR ARE DISPLAYED 100 FEET FROM EACH SIDE OF GUESS DRIVE AND BLADES DRIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Sample, Best, Dlaz, Dumphy, Turner, and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 14915: AMENDING THE ASSIGNMENT AGREEMENT AUTHORIZED BY ORDINANCE NO. 13694, ASSIGNING THE LEASE AUTHORIZED BY ORDINANCE NO. 13070, LEASING TRACT 12 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY FOR THE PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, BY INCREASING THE ANNUAL RENTAL FROM $792 TO $1,200 AND BY REVISING AND ENLARGING THE AREA OF THE TRACT FROM 1.38 ACRES OF LAND AND SUBMERGED LAND TO 1.894 ACRES, ALL AS MORE FULLY SET FORTH IN THE AMENDED ASSIGNMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 14916: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED BY ADDING A NEW SECTION, 23-63A, TO ARTICLE III, UNHEALTHFUL OR DANGEROUS CONDITIONS, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO PLACE ON, TAKE ONTO, OR DEPOSIT THEREON, OR PERMIT THE PLACING ON, THE TAKING ONTO OR THE DEPOSITING THEREON OF ANY GLASS BOTTLE OR GLASS CONTAINER OF ANY KIND ON OR IN ANY CITY PARK, CITY -OPERATED PUBLIC BEACH WITHIN THE CORPORATE LIMITS OF THE CITY, OR PUBLIC PROPERTY ADJOINING CORPUS CHRISTI BAY; PROVIDING AN EXCEPTION FOR PUBLIC BUILDINGS; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner, and Zarsky voting "Aye". _es Regular Council Meeting May 23, 1979 Page 9 ORDINANCE NO. 14917: APPROPRIATING $14,230 FROM THE MUSEUM BOND FUND NO. 263 FOR PROJECT NO. 263-77-1, CORPUS CHRISTI MUSEUM, COMPLETION OF EXHIBIT SPACE IN THE NORTH WING, FOR THE FOLLOWING PURPOSES: Exhibit Cases - Antiques Hall $ 6,000 Expansion of Sound System for North Hall 1,100 Acoustical Ceiling for Indian and History Halls 6,000 Building Materials - Indian Hall 1,130 $ 30; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner, and Zarsky. ORDINANCE N0. 14918: AMENDING ORDINANCE N0. 14673, PASSED AND APPROVED ON DECEMBER 20, 1978, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: 1. North Carancahua Street from Buffalo Street to Winnebago Street; 2. Winnebago Street from North Carancahua Street to Upper North Broadway; AS HEREIN PROVIDED: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dlaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14919: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: Betel Street, from Burnet Street to Crosstown Expressway, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; 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, Sample, Best, Dlaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14920: APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $63,156 FROM PROJECT NO. 291-72-3, LOS ENCINOS PARK, TO BE MADE AVAILABLE FOR FUTURE REIMBURSEMENT TO THE NO. 102 GENERAL FUND, ACTIVITY 4122-603, FOR WORK DONE BY CITY FORCES FOR IMPROVEMENTS TO LOS ENCINOS PARK (COSTS INCLUDE IMPROVEMENTS TO DRAINAGE, WATER SYSTEM, PICNIC AND PLAY FACILITIES), $7,023 OF WHICH IS TO BE TRANSFERRED INTO FUND NO. 162, ACTIVITY 4676, FOR REIMBURSEMENT AS PRESCRIBED ABOVE, FOR WORK DONE BY CITY FORCES ON THE 1979 Y.C.C. PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Minutes Regular Council Meeting May 23, 1979 Page 10 ORDINANCE NO. 14921: AMENDING ORDINANCE NO. 14415, ADOPTING THE 1978-79 BUDGET FOR THE AIRPORT FUND BY REDUCING THE APPROPRIATION FOR CONTRIBUTION TO DEBT SERVICE FROM $350,000 TO $329,279 AND ESTABLISHING AN APPROPRIATION IN ACTIVITY 5478, RUNWAY RESURFACING OF $20,721; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14922: AUTHORIZING THE CITY MANAGER TO EXECUTE THE COASTAL BEND CONSORTIUM AGREEMENT FOR SUBMISSION TO THE DEPARTMENT OF LABOR AS PART OF THE FISCAL YEAR 1980 REFUNDING DOCUMENTS, IN ACCORDANCE WITH RULES AND REGULATIONS OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT AMENDMENTS OF 1978, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT ALL OTHER RELATED DOCUMENTS AS REQUIRED IN THE CONTINUATION AND ADMINISTRATION OF THE AFORESAID AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner and Zarsky voting "Aye". RESOLUTION N0. 14923: CONFIRMING THE APPOINTMENT OF MRS. HELEN GURLEY TO THE OFFICE OF HUMAN RELATIONS COORDINATOR - ADMINISTRATIVE ASSISTANT III BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14924: AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FOR THE LOCAL ADMINISTRATION OF THE COMMISSION'S POLICE ENTRANCE EXAMINATION, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14925: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF ROY DOWNERBY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTH 2.5 ACRES OF THE SOUTH 7.5 ACRES OF LOT 16, SECTION 52, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHEW 15ROVTSTONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Kule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". .es Regular Council Meeting May 23, 1979 Page 11 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Noting the large crowd present, presumably in regard to St. Andrews Park, Mayor Jones informed the audience that the presentations will be limited to five minutes and stated that the Council will make no decision today in regard to the matter they wished to discuss. The first citizen to address the Council was Mr. Robert W. Maxwell, 5234 St. Andrew, which is in Country Club Estates. Mr. Maxwell stated that he was speak- ing on behalf of the Parks Committee of Country Club Estates Association and requested that the lease between the City of Corpus Christi and Padre Little Miss Kickball Association to allow for their use of a portion of St. Andrews Park be terminated. Mr. Maxwell based his opposition to this lease on the following facts: He stated that on February 21, 1966, the Saratoga Land Company agreed to dedicate 30 acres of land to the City to be used initially as a sanitary landfill site and subsequently as a park. Mr. Maxwell quoted from this lease agreement and pointed out that the City had agreed to commence sanitary fill operations to the area within one year, with the fill estimated to be completed within five years, fol- lowing which, the City would grade and contour the fill area so that the surface will have a rolling effect and will drain surface waters freely. Mr. Maxwell pointed out that obviously, none of this has been accomplished and displayed photographs of the area. Mr. Maxwell continued his presentation by alleging that the City's obli- gation is to the community at large and not a special interest group such as the Padre Little Miss Kickball League. He summarized his presentation by requesting the following: (1) termination of the lease with Padre Little Miss Kickball; (2) immediate restoration of the land surface as the City agreed to do in the agreement with Saratoga Land Company; (3) the adoption of a master plan of improve- ment and development of this land so that It will ultimately become a public community park; and also suggested that the City consult Ridgewood Subdivision and Country Club Estates Association to obtain Input from them in regard to the development of this park. Mayor Pro Tem Sample asked if the City did enter into an agreement with the Saratoga Land Company, how It was determined that something like a landfill Minutes Regular Council Meeting May 23, 1979 Page 12 would be completed in only five years. City Manager Townsend replied that the City staff did not concur with the terms at that time, nor do they agree to It at this time. In reading the remainder of the agreement, Mr. Townsend indicated that he questioned the time frame as spe- cified by Mr. Maxwell. City Manager Townsend also noted that the naming of the park was done so with the clear understanding that development would not occur until ten years after the area was no longer used for a sanitary landfill. Mr. Maxwell displayed a chart of the park area and pointed out the condi- tions in the various locations. He again pointed out that 13 years has elapsed since the agreement between the City and the Saratoga Land Company was signed and contended that the park should have been graded and contoured by this time. City Manager Townsend contended that a serious misunderstanding has occurred in regard to the agreement under discussion, stating that the reference is made to the length of time allowed for garbage to be placed at this location; this was finished in the time frame as indicated; this does not complete the landfill operation; but the dumping was to cease In five years. Mr. Townsend further pointed out that the land is still settling. Mrs. Barbara Smith, 6006 Parkland, spoke on the same matter and complained in particular about the drainage in the park area. Mrs. Smith stated that accord- ing to the agreement, the City was to take care of the drainage, but explained that her yard is completely filled with water frequently when it rains because the leveling operation has changed the contour of the park so that it does not drain properly. She pointed out that the Parks and Recreation director has given permission for the Padre Little Miss Kickball Association to pave a portion of the park to be used as a parking lot for 150 vehicles. She alleged that the Padre Little Miss Kickball Association had created the drainage problem as a result of the leveling. City Manager Townsend stated that if the drainage problem was created by a change in the surface of the park, the City and the Kickball Association will have to take care of this because the ditch is located there for the purpose of draining the park area. He assured Mrs. Smith that this matter will be investigated. Jtes Regular Council Meeting May 23, 1979 Page 13 Speaking on this subject also was Mr. Robert E. Brunkenhoefer, 5410 Sugar Creek, who stated that he represents the St. Andrews Park Association. He stated that their position is that they are totally opposed to the location of any organ- ized athletic activities in the park because they feel that the park should be for general use by the community rather than for any special interest group. Mr. Brunkenhoefer informed the Council that he had discussed the park situation with the Parks Director, who had assured him that he would see that the park was pro- tected; yet, now permission has been granted the Padre Little Miss Kickball Associa- tion to construct a parking lot and other structures. Mr. Brunkenhoefer stated that he had been told by the City staff that leases and agreements can be terminated, but he expressed concern that this would ever occur with this Kickball Association once buildings are constructed. Mr. Brunkenhoefer expressed the opinion that the Kickball Association plans to install lighting, bleachers, fences and concession stands, all of which would prevent the park being used for the general public and the residents of the neighborhood. Mr. Brunkenhoefer continued his presentation by explaining that the reason no one had complained about the activities in the park was because they were not aware of the fact that construction was planned for the area. He stated that the Parks Department staff had informed people who called to complain about the park that nothing would be constructed in the park because the land is sinking. He also stated that a member of the St. Andrews Park Association had been assured by the Assistant City Manager that they would be informed of any plans for the park. Mr. Brunkenhoefer further pointed out that a master plan for the park should be devel- oped before anything is constructed in the park. He suggested that kickball activities could occur on the school playgrounds where backstops are already in existence or in the planned sports complex that the City will eventually develop at Cabaniss Field. Mrs. Donna Brunkenhoefer complained about the fact that the dumping opera- tions consist of broken concrete and undesirable debris that is placed in the park by City crews. She questioned why this was allowed since such a practice Just makes the condition of the park worse. Minutes Regular Council Meeting May 23, 1979 Page 14 Mr. Anthony Nagy, 5118 Moultrie, stated that he is a new resident of the area but is concerned about the consequences of allowing such a large portion of St. Andrews Park to be used as an athletic field for organized kickball. He stated that at the time he purchased his home, he understood that a public park would be located in the neighborhood. Mr. Nagy also expressed concern about the traffic situation that would develop if a parking lot with a capacity for 150 cars is con- structed. Also expressing opposition to the Padre Little Miss Kickball agreement was Mr. Ed Ponder,4902 Wooldridge. Mr. Charles Swalla, 5830 St. Andrews, stated that he resides in the Ridge- wood Subdivision and that he had just learned about the meeting today. He informed the Council that all of the residents of Ridgewood Subdivision are also opposed to the construction of any facilities for special interest groups such as Padre Little Miss Kickball. Mr. Swalla stated that he, too, is concerned about the drainage on his property and questioned whether or not the ditch would ever be adequate to handle the runoff from the park area. Mayor Jones explained to the members of the audience that the Council always attempts to find the course of action that would benefit the largest number of citi- zens and that he felt that the other group should be allowed to appear before the Council. He stated that after the Council has obtained all of the necessary informa- tion and input from both groups, they will make a decision in regard to the park. Council Member Zarsky expressed concern about the manner in which the fill is being placed on the park area and suggested that this be investigated to be sure that the natural drainage be retained. City Manager Townsend agreed that this should be done. He expressed the opinion that the drainage problem in the Ridgewood Subdivision is not related to the park situation and this will be checked also. Council Member Turner inquired If the Council could assure these citizens that nothing will be done in the park by the Kickball Association until the matter has been thoroughly investigated. City Manager Townsend replied that it would be Improper for the Council to take any action today since the matter is not listed on the agenda. He pointed out es Regular Council Meeting May 23, 1979 Page 15 that the Padre Little Miss Kickball Association does have a bona fide lease with the City at this time, and If any action is taken, they should be notified first. He suggested that if the Council desires, this matter can be placed on the agenda for next week. Mr. Brunkenhoefer objected to the fact that they were not listed on the agenda since they had requested that they be placed on the agenda. He stated that he had called the City Secretary's office and had been informed that they were on the agenda for 3:00 p.m., and subsequently, letters were sent to 150 residents of the area inviting them to attend the Council Meeting. Mayor Jones explained that his request was discussed by the Council during a Workshop Meeting, and the decision was made not to place the group on the agenda. He suggested that obviously there was a communication problem in regard to their being placed on the agenda. City Secretary Read read Mr. Brunkenhoefer's letter of request, his memo to the Council informing them of the request, and assured Mr Brunkenhoefer that no one in his office would have told him that he was on the agenda for a presenta- tion unless he actually was. Mr. Read further explained that the agenda is not even prepared until approximately 5:00 p.m. on Friday; therefore, his office does not know until that time just which items are on the agenda. City Manager Townsend assured Mr. Brunkenhoefer that regardless of whether or not he was listed on the agenda, the Council could not take any action today because even if the matter had been listed on the agenda, it would just have been for a presentation by this group, in which case action still could not legally be taken because of the State's open meetings law. Mayor Jones agreed that the matter should be on the agenda next week. Mayor Pro Tem Sample suggested that the matter be considered during a public hearing at 2:00 p.m. next week. Other Council Members agreed. Mrs. Debbie Ferry asked to be allowed to speak at this time in regard to this matter and stated that there was no drainage problem in the area until the Padre Little Miss Kickball Association began their fill operations. Mayor Jones thanked all of the citizens who had appeared and stated that the subject will be on the agenda next week. * * * * * * :t * * :, .. t Minutes Regular Council Meeting May 23, 1979 Page 16 City Manager Townsend informed the Council that there is a necessity for the Council to designate representatives to the Costal Bend Council of Governments since a meeting is scheduled for Friday. He stated that the present arrangement is that 7 elected officials are designated, as well as 7 alternates. Mr. Townsend further stated that the previous Council decided to appoint specific alternates for each of the elected officials but that this is not necessary. He then reviewed the staff members and citizens who are presently serving as alternates. Motion by Sample that the following elected officials be designated as representatives of the City on the Coastal Bend Council of Governments; seconded by Zarsky; and passed unanimously: Mayor Luther Jones Mayor Pro Tem Edward Sample Council Member Jack Best Council Member David Diaz Council Member Jack K. Dumphy Council Member Betty N. Turner Council Member Cliff Zarsky Motion by Sample that the following Alternates be appointed to the COG, seconded by Zarsky, and passed unanimously: R. Martin Townsend Archie N. Walker Tom Utter Ernest Briones Rudy Gonzalez Vicki Garza John Broomfield Mayor Jones referred to the numerous other appointments that need to be made to various boards, commissions and committees and requested that all of the Council Members be provided with copies of resumes that he and others have received. He urged that these appointments be made next week. Mayor Jones referred to the procedure for making appointments and suggested that in the future, each nominee be voted on separately for each vacancy on the boards. City Manager Townsend referred to the open meeting law and informed the Council that recently the Attorney General had handed down an opinion which would indicate that secret balloting to select appointees to committees might be illegal and suggested that in the future, votes be verbal or by a show of hands. * t * * * * * * * * * * Mayor Jones stated that a resolution in regard to Mr. Leslie Ch4pell had been prepared. He then read the resolution and called for a m.,tion to pass the resolution. Motion by Zarsky that the resolution be approved, seconded by Turner and passed unanimously. , _es Regular Council Meeting May 23, 1979 Page 17 City Secretary Read informed the Council that he had before him two other ordinances approving the change of zoning on the tabled item and one of the zoning applications that was approved during the Special Council Meeting. He polled the Council for their votes and the following ordinances were approved: ORDINANCE NO. 14926: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF BLOCK 4, AND LOTS 27 THROUGH 38, BLOCK 6, MONTROSE PARK; LOTS 5 THROUGH 16, BLOCK A, LA BAHIA AD6IT1 ON; LOTS 5 THROUGH 29, AND 38 THROUGH 62, BLOCK 1; LOTS 5 THROUGH 62, BLOCK 2; AND ALL OF BLOCK 3; LOTS 2 THROUGH 7, BLOCK 4, LA PALOMA ADDITION, SITUATED 1N THE CITY 6F CORPUS CHRISTI, NUECES COUNTY TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT AND "1-2" LIGHT INDUSTRIAL DISTRICT TO "R -IB" ONE FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREIWTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14927: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 8 BLOCK 6, HARLEM PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". RESOLUTION NO. 14928: THAT THE BRIEF RECORD OF THE MANY ACCOMPLISHMENTS OF LESLIE L. CHAPPELL BE RECALLED AND THAT THE CITIZENS OF THIS COMMUNITY JOIN IN MOURNING THE LOSS OF THIS VALUABLE CITIZEN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". There being no further business to come before the Council, on motion by Sample, seconded by Turner, and passed unanimously, the Regular Council Meeting was adjourned at 6:08 p.m., May 23, 1979.