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HomeMy WebLinkAboutMinutes City Council - 05/30/1979PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 30, 1979 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 Mario Rios of Primera Mission Bautista 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 constituted meeting. Mayor Luther Jones then recognized and welcomed to the meeting the Third Grade Class from Skinner Elementary School. Motion by Diaz that the minutes of the Regular Council Meetings of March 28, April 4, April 11, April 18, April 25, May 2, May 9, and May 16, 1979, be approved as presented; seconded by Sample; and passed unanimously. Mayor Jones announced that the following proclamations were scheduled to be presented this week: "SAFE BOATING WEEK" - June 1 to 7, 1979; "NAVY RELIEF FESTIVAL DAYS" - June 2 and 3, 1979; and "CORPUS CHRISTI PARKS AND RECREATION MONTH" - June, 1979. * * * * * * * * * * * * * * Mayor Jones announced appointments to Boards and Commissions. City Manager R. Marvin Townsend reviewed the appointees discussed during the morning Workshop Meeting. Motion by Sample that the following appointments be confirmed, seconded by Diaz, and passed unanimously: MICROFILMED SEP 0 41980 Minutes Regular Council Meeting May 30, 1979 Page 27 that rather than oppose such allocations, it might be well for the City to support an increase in the sales tax. Speaking on another matter was Mr. Bill Sweetland, 803 South Water Street. Mr. Sweetland referred to an appearance he had made before the previous Council in September, 1978, requesting certain improvements in the 400 Block of Peoples Street. He stated that at that time, he was asked to submit his proposal to the City staff, which he did, but indicated that he felt that the matter had become inactive. Mr. Sweetland summarized his presentation by asking for the following items: (1) that he be allowed to attend one of the morning Workshop Meetings of the Council to show a slide presentation of his proposal; (2) If the Council felt that his plans have merit, that they request a staff report; and (3) that they set some type of reasonable time limit for the staff study. Mayor Jones inquired of Mr. Sweetland if he had coordinated his proposal with any of the other downtown organizations such as the Chamber of Commerce and the Central Business District. Mr. Sweetland replied that he had obtained the endorsement of 35 to 40 merchants in the downtown area. Council Member Diaz stated that he would like to have this matter on the agenda as a presentation. Mayor Jones expressed the opinion that the Council should have some information from the other downtown groups who support Mr. Sweetland's concept and suggested that the matter be placed on the agenda for discussion during the Workshop Meeting two weeks from today. City Manager Townsend informed the Council that the City is the host for two conferences next week -- one is the Texas City Managers' Association at the La Quinta Royale Saturday thru Tuesday. In connection with this conference, Mr. Townsend invited the Council to attend a reception on the T -Head Sunday evening at 7:30 p.m. City Manager Townsend stated that the State Gas Association is meeting at the Holiday Inn -Emerald Beach. There being no further business to come before the Council, on motion by Sample, seconded by Dumphy, and passed unanimously, the Regular Council Meeting was adjourned at 6:25 p.m., May 30, 1979. Minutes Regular Council Meeting May 30, 1979 Page 26 ORDINANCE NO. 14935: 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 TWO IL.O+ ACRE TRACTS OUT OF TRACT 7, WILLIAM J. ROBERTSON FARM TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL 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 ordiannce passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Harold Alberts, Attorney, 702 Wilson Tower, addressed the Council and stated that he is requesting that they increase taxes or at least attempt to levy taxes in a more equitable manner. Mr. Alberts specifically suggested that the Council consider the addition of #% to the sales tax in order to provide additional funds in the estimated amount of $4.5 million per year. He pointed out that a sales tax is the fairest type of tax since essential Items such as grocery store food and rents are exempt, and only citizens who can afford luxury items are required to pay this tax. Mr. Alberts then displayed charts that he had prepared which included the computation of the estimated revenue that would be received by the City if the sales tax is increased. He noted that Legislative approval is required to add this additional sales tax but that he felt that the Governor's concurrence could be easily obtained. He suggested that the Council attempt to obtain the approval of the Governor and the support of the four legislators. Mayor Jones expressed interest in this suggestion and requested that Mr. Alberts provide the Council with copies of the charts. Council Member Diaz stated that he had advocated an increase in the sales tax -- even to 1% -- for some time and that he is definitely in favor of such an increase. City Manager Townsend noted that there is a strong movement for school districts and counties to receive an allocation from the sales tax and suggested Minutes Regular Council Meeting May 30, 1979 Page 25 ORDINANCE NO. 14931: APPROPRIATING $9,550.95 OUT OF BRIDGE BOND FUND NO. 230 FOR REIMBURSEMENT TO THE GENERAL FUND NO. 102, ACTIVITY NO. 4122-603, FOR IMPROVEMENTS AND PICNIC FACILITIES TO NORTH CHANNEL PARK; 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. 14932: APPROPRIATING OUT OF THE PARK TRUST FUND NO. 111 THE SUM OF $9,000 FOR THE FOLLOWING PROJECTS: $4,500 FOR PROJECT NO. 111-1793, LIONS PARK, FOR A SHELTER: $4,500 FOR PROJECT NO. 111-1796, MALIBU PARK, FOR A SHELTER, FOR REIMBURSEMENT TO THE GENERAL FUND NO. 102, ACTIVITY 4122-604, FOR THE IMPROVEMENTS AFORESAID; 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. 14933: APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $50,100 FROM PROJECT NO. 291-77-4 AS FOLLOWS: $15,000, SOUTH BAY PARK, PROJECT NO. 291-77-4.2; $13,650, FOUNTAIN PARK, PROJECT N0. 291-77-7.3; $7,100, GARDENDALE PARK, PROJECT NO. 291-77-4.4; $14,350, PATTERSON PARK, PROJECT NO. 291-77-4.5, SAID SUM TO BE MADE AVAILABLE FOR FUTURE REIMBURSEMENT IN THE SUM OF $50,100 TO THE GENERAL FUND NO. 102,ACTIVITY 4122-603, FOR DEVELOPMENT AND IMPROVEMENTS TO THE SAID PARKS, INCLUDING GRADING, IRRIGATION SYSTEMS, PICNIC AND PLAY AREAS AND LANDSCAPING; 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. 14934: 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.12, SETTTNG FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO TH-E CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS AN 8.0+ ACRE AREA OUT OF TRACT -7, WILLTAM J. ROBERTSON FARM TRACTS, IN NUECES COUNTY, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; 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 30, 1979 Page 24 Mayor Jones asked if the City had ever filed suit in an effort to collect for ambulance charges. City Manager Townsend replied that the Hospital District is in charge of collections. Assistant City Manager Walker stated that the Hospital District filed suit on 100 cases but only collected on 3 of them. There was no further discussion on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH THE SOUTHSIDE PONY LEAGUE, LEASING TO SAID SOUTHSIDE PONY LEAGUE A 1.71 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. 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: ADOPTING A 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 second time and passed to its third and final reading by the following vote: Jones, Sample, Best, Dlaz, Dumphy, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 14929: 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 third time and passed finally by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". RESOLUTION NO. 14930: AMENDING RESOLUTION NO. 13691, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 2, 1977, BY ADDING THE FOLLOWING STREETS TO THE URBAN SYSTEM PROGRAM AS ADMINISTERED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION: EVERHART ROAD, FROM SOUTH STAPLES TO SOUTH ALAMEDA, AND CALALLEN DRIVE AND REDBIRD STREET, FROM U.S. 77, NORTH AND EAST TO I.H. 37; ADOPTING STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDERS NO. 75701, 75702, 75703 AND 75704, PERTAINING TO THE CONSTRUCTION OF ENNIS JOSLIN ROAD BRIDGES, EVERHART ROAD FROM SOUTH STAPLES TO ALAMEDA STREET, CARANCAHUA FROM LOOP 443 TO I.H. 37 AND CALALLEN DRIVE AND REDBIRD STREETS FROM U.S. 77 TO I.H. 37; 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". ,„Mutes Regular Council Meeting May 30, 1979 Page 23 would require approximately $100,000 and stated that funds would have to be allo- cated. Assistant City Manager Archie N. Walker informed the Council that the City has hauled in at least 180,000 cubic yards of dirt into that area in the past year. Council Member Turner requested that she be provided with an estimate of the cost of developing 10 acres of open space park area with grass. City Manager Townsend agreed to obtain this information. * * * * * * * * k * * it * k Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances. Mayor Jones called for comments from the audience on the ordinances. Mrs. Virginia Brown, a member of the Ambulance Advisory Council, addressed the Council in regard to the ordinance authorizing the increase in ambulance rates, stating that she is opposed to the proposed increases. Mrs. Brown agreed that the percentage of collection for ambulance service is low but suggested that rather than increasing the rates, that a public relations program be established to make citizens aware of the expenses incurred by the ambulance service in the hope that payments would be increased. Mrs. Brown also indicated that she felt that the City should accept the fact that the ambulance service must be subsidized as the fire service is subsidized. She urged the Council not to approve the ordinance increasing the rates. Council Member Turner inquired as to when the prices now in existence were established, and Mrs. Brown replied that the rates were increased in July, 1978 from $40 to $45. Mayor Jones pointed out that the City is losing a great deal of money every year in providing this service. Council Member Turner also pointed out that the increased costs for service will only make up a portion of the deficit in the operation of the ambulance service in the amount of $75,000. She then asked the City Manager who this increase will affect. City Manager Townsend stated that it will affect the people who are con- scientious about payment of their bills. Minutes Regular Council Meeting May 30, 1979 Page 22 City Manager Townsend informed him that the developer of the subdivision agreed to annex when they reached a certain percentage of development, or by the May, 1983 date, whichever occurs first. Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. P. R. Ochoa, 1012 Leopard, addressed the Council, stating that he represented the non-profit organization Americans of Texas, Inc. Mr. Ochoa stated that he was not present to protest or complain but to merely mention the requested funding for the production of Siempre en Domingo and the publicity given to foreign entertainers. He objected to the use of City facilities for foreign artists and suggested that measures be taken to encourage local artists and to further their careers. Mayor Jones thanked Mr. Ochoa for his presentation. There were no comments from members of the audience in regard to the City Manager's reports. Motion by Diaz that the City Manager's Reports, Items "a" thru "r," with the exception of Item "m," which was withdrawn, be approved; seconded by Sample; and passed unanimously. Mayor Pro Tem Sample suggested that unless someone in the audience desired to speak in regard to Item "m", that this matter be withdrawn until next week. City Manager Townsend agreed. .. .. * * * .. .. * * * * :; .. .. ., Council Member Turner referred to St. Andrews Park, which had been dis- cussed earlier in the meeting, and asked the City Manager when the park would be ready for any kind of improvements. City Manager Townsend replied that the park had been maintained for a number of years; the kind of weeds in existence there are of a type that grow where water is prevalent; and it is difficult to get the proper maintenance equip- ment into the park. He explained that the extremities of the park have been maintained and this maintenance is continuing at this time. He also reminded the Council that the land is being graded now to correct the drainage. He esti- mated that seeding the area, planting trees and installing a watering system Minutes Regular Council Meeting May 30, 1979 Page 21 City Manager Townsend explained that the question of gas main extensions has been in limbo for several years and that since the early 1950's, the City has provided gas mains to the property that is being developed, stating that these lines have been provided at City expense. Mr. Townsend continued by informing the Council that the previous Council had discussed the possibility of requiring the developers to pay the expense of installation of gas mains, but that this issue has not been clearly resolved. City Manager Townsend summarized by stating that at this time, it is City policy to extend gas mains to new developments so that the homeowners will have a choice of service. He stated that the question at this time is the Wood River Unit 1 Subdivision, which is outside the city limits, but informed the Council that the developer has agreed to contractually annex the subdivision no later than May 15, 1983. Mr. Townsend also explained that the developers of this subdivision have a problem with the electrical utilities, and consequently, there is an even greater need for gas in the subdivision. He stated that because of these facts, the staff felt that it would seem reasonable to extend gas mains to Wood River. Mayor Jones inquired as to the source of funds for this expense. City Manager Townsend replied that the cost would be from the gas con- struction account, and this fund is supported by every gas consumer in the City. Mayor Pro Tem Sample indicated that he did not envision any problems with this because this developer has been very cooperative with the City on many items, and they have agreed to annex. Council Member Dumphy asked about electrical service for this subdivision when they annex. City Manager Townsend replied that they probably would continue to be served by Nueces Electric Cooperative because this company does serve some areas in the City. Council Member Zarsky stated that he felt that the Council has no choice but to extend the gas mains since this has been the City's policy. Mayor Jones inquired as to how the date for annexation of this subdivision was determined. Minutes Regular Council Meeting May 30, 1979 Page 20 City Manager Townsend withdrew Item "m" concerning the Woodlawn area Pool and Recreation Center improvements. n. The recommendation of the Park and Recreation Board be approved that the five-year lease with the Southside Pony League for a 1.71 acre tract in Price Park for a pony league baseball program be renewed for five years. Council Member Best inquired if this item was properly advertised and whe- ther or not this lease is a similar situation to the problem that has evolved in St. Andrews Park. City Manager Townsend replied that there is no provision that such leases are to be published prior to consideration and explained that leases are to be published after the first and second reading of the ordinances authorizing same. Council Member Turner asked about the total acreage in Price Park. City Manager Townsend stated that Price Park is used almost exclusively for athletic fields, and a part of this area is private property owned by the Youth Softball League. He further explained that the City maintains the City softball parks, and some areas are leased to other agencies fo'r athletic fields. Council Member Turner inquired if there is any authorization to prevent athletic groups from taking over all City parks. City Manager Townsend replied that the City does not allow established parks to be used for such purposes. Mr. Townsend also noted that there is a ques- tion as to whether or not development of subdivisions should be allowed directly across the street from a sanitary landfill, and such development should certainly not occur over a landfill. He then explained an unfortunate development that occurred some time ago over a landfill area. o. $9,550.95 be appropriated out of the Bridge Bond Fund for reimbursement to the General Fund for improvements including picnic facilities by Park Division forces to North Channel Park. P. $9,000 be appropriated out of the Park Trust Fund for reimbursement to the General Fund for construction of these improvements by Park Division forces of shelters in Lions Park and Malibu Park. q. $50,100 be appropriated out of the Park Bond Fund for future reimbursement to the General Fund for development and improvements by Park Division forces to South Bay Park ($15,000), Fountain Park ($13,650), Gardendale Park ($7,100) and Patterson Park ($14,350). The improvements include grading, irrigation systems, picnic and play areas, and landscaping. r. The policy of extending gas mains into new subdivisions at City cost be continued on a project by project basis, and gas mains be extended in Wood River, Unit 1 which is outside the city limits but has agreed to contractual annexation no later than May 15, 1983. ,f. mutes Regular Council Meeting May 30, 1979 Page 19 9• An additional budgeted 12 h.p. three wheel rubber tired trencher, for the Water Division in construction, be purchased from CASE POWER & EQUIPMENT, Corpus Christi, on the basis of low bid of $2,575. Bids were received from two firms. Price comparison shows an increase of 14.4% since the last purchase in January, 1975. h. An additional budgeted 2,800 gallon per minute return wash water pump be purchased from BYRON JACKSON PUMP DIVISION, Corpus Christi, on the basis of low bid of $6,828. Bids were received from two firms. Price comparison reflects an increase of 119% since September, 1973. The pump will serve as a backup to the existing pump at the Cunningham Water Treatment Plant. i. The Purchasing Agent be authorized to change bid opening dates when necessary because of advertising problems or for other reasons such as prospective bidders being unable to comply with the original bid opening date. When a bid opening date is moved forward, all prospective bidders and the City Secretary will be so notified. �. The Airline Road resurfacing project, from Alameda to Padre Island Drive, be accepted by the City for permanent maintenance. The road was resurfaced from curb to curb by Heldenfels Brothers, Inc. at a total cost of $336,150 under the Urban Systems Program as administered by the State Department of Highways and Public Transportation. The City's share of the construction costs was $13,700. The project was included in the 1977 bond election. The Texas Department of Highways and Public Transportation Commission Minute Orders regarding street improvements under the Urban System Program on the following streets be adopted. k. Public within the city limits. 1. Project/Location City's Cost State Cost Total Ennis Joslin Road (Bridges Only) $ - 0 - $ 282,000 $ 282,000 between S. Alameda & McArdle Everhart Road 9,000 179,200 188,200 from S. Staples to S. Alameda Carancahua Street 25,000 119,000 144,000 from the Midtown Exchange to IH 37 Calallen Drive & Red Bird Street 217,000 547,100 764,100 from U.S. 77, North & East to IH 37 TOTAL COST ---- $251,000 $1,127,300 $1,378,300 The Everhart project will extend the Padre Island Drive to Staples project to Alameda. The other projects were specifically listed in the 1977 bond election. City Manager Townsend explained that the State Department of Highways and Transportation includes in their program improvements to arterial streets The street improvement assessment against Block 6, Harlem Park Addition be reduced from "B-1" Neighborhood Business District by Council action on May 16, 1979 and was Unit 1 street Improvements at commercial at residential rates totals $1,061.17. T applied to the current balance of $509.67 on Mr. Fred Oldham, owner of Lot 8, by $118.43. This property was rezoned to "R -1B" One -family Dwelling District assessed under the Washington Carver, rates for $1,179.60. The assessment he reduction in assessment is to be due on this account. Minutes Regular Council Meeting May 30, 1979 Page 18 City Manager Townsend assured the Council that this item is just to receive bids; award of contracts will be presented for Council approval at a later date; and explained that the amounts are based on the volumes required last year. Mr. Townsend further stated that the Council will have an opportunity to decide after the budget discussions whether or not all of these are needed. He further explained that if the Council wishes to reduce the amount of items purchased, then it will be necessary to reduce the level of service for various activities. b. Bids be received at 11:00 a.m., Tuesday, June 19, 1979 on the following budgeted heavy equipment: (1) (2) (3) (4) (5) (6) Two replacement street sweepers An additional 120 h.p. hydraulic excavator for the Water Division A replacement 80 h.p. tractor with loader and backhoe for the Wastewater Services Division. Two replacement 50 h.p. tractors with loaders and backhoes for the Park and Water Divisions. A replacement 50 h.p. tractor with 3 -point hitch for the Water Division Four replacement 40 h.p. tractors with 3 -point hitches for the Street (3) and Aviation (1) Divisions. c. Bids be received at 11:00 a.m., Tuesday, June 26, 1979 on 1 additional and 1 replacement card filing cabinet and 5 additional and 4 replacement lateral filing cabinets for various city operations. d. A lifting bag set for fire and ambulance operations be purchased from PARTNER INDUSTRIES OF AMERICA, Frankford, I11. on the basis of low bid of $4,615.80. Bids were received from three firms. This budgeted equipment will be used in the rescue of trapped persons. e. Twenty replacement breathing apparatus complete with back pack and carrying case be purchased from FIRE PROTECTION SERVICE COMPANY, Dallas, on the basis of low bid meeting specification of $11,780. Bids were received from five firms. Price comparison indicates an increase of 18% over previous purchase in March, 1977. Four of the units will be for the replacement pumper truck for which bids are currently being advertised. The apparent low bid of $11,480 by Capital Ambulance Supply of Austin is not recommended because it does not meet harness, back plate, microphone and amplifier specifications. f. Concrete saws, included in the 1978-79 Budget, be purchased from the following firms on the basis of low bids: OTTO DUKES COMPANY, Corpus Christi 1 additional Concrete Slab Saw with 18.5 HP Gasoline Engine for the Water Division NORTON COMPANY, Gainsville, Ga. 1 replacement Concrete Slab Saw with 30 H.P. Gasoline Engine for Traffic Engineering $1,939.00 3,377.33 $5,316.33 Bids were received from four firms. Price comparison on Item 1 shows an increase of 50% over a like purchase in 1974. The apparent low bid of $1,900 by the Norton Company on Item 1 is not recommended because it is F.O.B. shipping point. Freight charges would exceed the difference between this bid and the one recommended. Minutes Regular Council Meeting May 30, 1979 Page 17 sale of their property if the zoning is not changed. Mr. Peeples pointed out that the City Staff has performed an excellent job of making an attempt to properly change the zoning in this entire area. Council Member Dumphy suggested that the lots owned by Mr. Rios be omitted from this application and allowed to remain zoned "1-2." Mr. Dunphy also sug- gested that the remainder of the application be tabled until the staff has an opportunity to obtain a report on the current desires of the property owners. Further discussion followed, and City Manager Townsend stated that if the Council wishes to remove those two lots from the application and table the balance of the application, this could be accomplished by motion. Motion by Turner that Lots 17 and 18, Block E, La Gloria Addition, retain the zoning of "1-2"; seconded by Zarsky; and passed unanimously. Motion by Best that the remainder of the application be tabled to allow the staff an opportunity to determine the status of the previously submitted peti- tion requesting the change of zoning; seconded by Zarsky; 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 from June 18 through June 21, 1979 on 64 annual supply contracts for the period August 1, 1979 through July 31, 1980. Once a year, the City goes out for bids for annual contracts to supply the basic materials needed to carry out the City operations. Included are such items as cast iron, ductile iron and asbestos cement pipe and related fittings; fire hydrants; motor oil, gas and diesel fuel; gas and water meters; gas regulators; janitorial supplies; gate valves; black and galvanized pipe and related fittings; water, pool and wastewater treatment chemicals; police and fire uniforms; stationery items; reinforced concrete pipe; street construction materials, marking materials and sign blanks; water meter repair parts; and caliche. By soliciting competitive bids on an annual basis the City attempts to receive the best price possible for these items. The estimated cost for these Items for the 1979-80 fiscal year is approxlmately $5,022,000. This price estimate is based on depart- mental estimates of material requirements which are approximately the same as for the current fiscal year, Purchases are made as needed and are subject to appropriations. City Manager Townsend explained the procedure followed by the City in obtaining bids for annual supply contracts. Council Member Turner noted that this is a $5,000,000 item and there is no justification statement. Mrs. Turner inquired about the necessity to purchase all of these items at this time. Minutes Regular Council Meeting May 30, 1979 Page 16 City Manager Townsend explained that this is a complex situation because at the time this area was zoned "1-2", such zoning did not prohibit single-family dwellings, but now if the property owners should have their residences destroyed by fire, they could not rebuild single-family residences because such structures are now prohibited in "1-2" zoning. Mr. Townsend stated that the 20% rule is in effect because of the opposition previously filed and because of the opposition expressed on the application presented last week. Speaking in opposition to this change of zoning was Mr. Dan Rios, 3105 Morgan Avenue, who is the President of the firm that is operating the American Mattress Company on two of the lots included in the request. Mr. Rios stated that his business is located on Lots 17 and 18 of Block E of La Gloria Addition, and he prefers to retain the zoning of "1-2," which is the proper zoning for the type of business located there. Mr. Rios explained that at the time Morgan and Elgin were being paved, he attended the public hearing on the preliminary assessments associated with the street improvement project and requested that additional driveways be located on his property. Mr. Rios pointed out that he had paid extra for those driveways and had paid a higher rate of assessments for his property. He stated that this is a good business for this location and there is no pollution associated with his firm. Council Member Turner requested that Mr. Gene Peeples, representative of the Planning Commission, respond to the statement made by Mr. Rios. Mr. Peeples stated that he did not remember Mr. Rios' statement at the Planning Commission hearing. He explained that the Community Block Grant funds have been approved to upgrade this neighborhood, and it seemed logical to the Commission to zone property according to the use of the various property. Mr. Peeples assured the Council that in every one of these cases, if property owners objected to changing the zoning of their property, the Commission recommended that such property be excluded from the change of zoning application. Mr. Peeples stated that the Commission felt that property on which residences are located should be rezoned to "R -1B", and that it was his opinion that the property owners from this area were under the false impression that they would benefit monetarily from the „,,utes Regular Council Meeting May 30, 1979 Page 15 be operated as a non -conforming use. No one spoke in regard to these applications. Motion by Diaz that the hearing on both applications be closed, seconded by Sample, and passed unanimously. Motion by Sample that the Council concur with the recommendations of the Planning Commission and approve the Text Amendment to the Zoning Ordinance, Article 31, Newly Annexed Territory, Section 31-5, by adding thereto a new sub- section to be numbered 31-5.22 to prezone a tract of land to "1-2", and to approve the change of zoning to "1-2" on the property included in Application No. C479-4; seconded by Diaz; and passed unanimously. City Manager Townsend announced the public hearing on Application No. C479-5, City of Corpus Christi, for a change of zoning from "1-2” Light Industrial District to "R -1B" One -family Dwelling District on Lots 8, 9, 10, 16, 17 and 18, Block E, and Lots 16 and 17, Block F, La Gloria Addition, located on both sides of Bright Street approximately 110' north of Reyna Street. City Manager Townsend noted that both the Planning Commission and the Planning Staff recommend approval. He explained that this application was initiated by the City after a study was made of this particular neighborhood and certain streets in the neighborhood were improved. City Manager Townsend reminded the Council that these lots were included in a previous City application; this parti- cular area was recommended by the Commission for "R-16" zoning which is more restric- tive than the previously requested "A-2" zoning; therefore, it was necessary to readvertise this portion of the request. Mr. Townsend also pointed out that the zoning application which was considered last week was tabled until the staff has an opportunity to determine how many of the affected property owners who had ori- ginally signed the petition are still in favor of the change of zoning in order that their paving assessments could be reduced. City Manager Townsend stated that in response to the notices of the public hearing, two in favor and two in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, and showed slides of the area. Minutes Regular Council Meeting May 30, 1979 Page 14 City owns a large number of easements, rights-of-way, park land, etc. Mrs. Turner stated that she was more specifically referring to parks or large tracts of land that are not currently in use. City Manager Townsend informed her that the only large tract of vacant land owned by the City is at the intersection of Parade Drive and Alameda, which the pre- vious Council authorized to be platted and sold for single-family dwelling lots. Mr. Townsend stated that with that exception, there is no other vacant land owned by the City other than one other small tract located at the intersection of Rodd Field Road and Yorktown Boulevard, which the City has attempted to sell with no success. City Manager Townsend stated that he would be glad to provide the Council with a list of vacant parks. Council Member Turner stated that she is interested in such a list because of the upcoming budget hearings, indicating that she would like to see if there is any surplus property that could be sold. City Manager Townsend stated that he would provide the Council with a list of parks and any land that the staff considers to be surplus land, noting that he would like to limit the report to tracts over one acre or platted lots. The public hearing on the two zoning applications continued, and City Mana- ger Townsend asked Chief Planner Larry Wenger to summarize. Chief Planner Wenger located the portion of the tract that is to be pre- zoned to "1-2" and stated that the signed contract has not yet been received by the staff, but he understands that it has been mailed by the applicant. Mr. Wenger described the land use in the surrounding area and showed slides of the area. He informed the Council that the owner, Petroleum Electronics, Inc., is using this land for a pipe strengthening and reconditioning operation, and the staff feels that this zoning would be appropriate since the tracts are located within the flight pattern of Corpus Christi International Airport and are not suit- able for single-family dwellings. City Manager Townsend noted that this particular tract of land is a prime example of events that transpire when water is made available to areas outside the city limits, pointing out that many problems arise when the land is not properly platted. He stated that without this action, this company would continue to . ,utes Regular Council Meeting May 30, 1979 Page 13 Mayor Jones assured Mr. Parsons that an answer will be provided him as soon as possible. Mayor Jones announced the public hearings on zoning applications scheduled for 3:30 p.m. City Manager Townsend announced that Application No. 479-2, Mr. Ramon J. Rios, had been withdrawn at the written request of the applicant. Mayor Jones ascertained that no one present desired to speak in regard to this application. * is * * is t is * ., * * .. * * .. City Manager Townsend announced the public hearing on the applications listed on the agenda as "b" and "c" and described as follows: b. Text Amendment to the Zoning Ordinance, Article 31, Newly Annexed Territory, Section 31-5, by adding thereto a new subsection to be numbered 31-5.22 to prezone a tract of land to "1-2" Light Industrial District prior to annexation located near the southwest corner of Saratoga Boulevard and County Road No. 37. Reconmendation of the Planning Commission: That it be approved. c. Application No. C-479-4,City of Corpus Christi, for a change of zoning from "R -1B" One -Family Dwelling District to "1-2" Light Industrial District on two 1+ acre tracts of land out of Tract 7, William J. Robertson Farm Tracts located on the south side of Saratoga Boulevard approximately 675' west of County Road No. 37. Recommendation of the Planning Commission: That it be approved. Mr. Townsend explained that these two applications are related and are in the same vicinity. He stated that a portion of this tract of land is in the pro- cess of annexation to the City, and the staff proposes the amendment to the Text of the Zoning Ordinance, Article 31, to pre -zone this property. Mr. Townsend located this portion of the tract as well as the portion of the tract included in the second application which is also to be zoned "1-2," if the Council approves. There was a brief delay during this public hearing to allow the staff time to replace the required slides for the zoning applications on the projector. During this time period, Council Member Turner inquired if it would be pos- sible for the staff to provide the Council with a list of City -owned property. City Manager Townsend replied that this could be done, but it would be more helpful if a specific category could be provided the staff. He pointed out that the Minutes Regular Council Meeting May 30, 1979 Page 12 the Corpus Christi Independent School District has the use of this land. City Manager Townsend did inform the Council that the City has submitted an application for ownership of Rodd Field, which will probably be approved, but there are many obstacles to be surmounted before this site can be developed for team activities. Mr. Bob Miller, 5901 St. Andrews, addressed the Council and expressed oppo- sition to the lease with the kickball league and suggested that this lease be limited to five years. Council Member Turner suggested that Mr. Puente, Mr. Brunkenhoefer, Mr. Edmonds and other interested parties meet together in an effort to resolve their problems with St. Andrews Park. Mr. Brunkenhoefer inquired about the procedure for reporting the results of such a meeting to the Council, and Council Members Dumphy and Turner indicated that they would be glad to attend a meeting with the group. Mayor Jones stated that he felt that the Council had spent enough time on this item and suggested that the discussion cease. Mayor Jones then recognized Mr. Jack Parsons and invited him to speak at this time, noting that Mr. Parsons was present last week to address the Council but was unable to do so because of the length of the meeting. Mr. Parsons presented the Council with copies of a letter signed by various veterans' organizations and requested that the Council consider the relighting of the eternal flame located in Gragg-Sherrill Park. Mr. Parsons informed the Council that the veterans' organizations had voluntarily agreed to turn the flame off during the energy crisis of 1976. Mr. Parsons informed the Council that he had appeared before the previous Council on April 11, 1979 to make the same request and asked that this Council consider this proposal. Council Member Best inquired if the veterans' organizations would consider a compromise and agree to lighting the flame on national holidays. Mr. Parsons replied that he and the other organizations preferred to have the eternal flame lighted at all times. He referred to the letter he had presented to the Council and stated that if necessary, the various organizations would contri- bute to the expense of burning the flame, even though they do not have funds readily available. n.. rites Regular Council Meeting May 30, 1979 Page 11 in the park. City Manager Townsend referred to the publication of the item in regard to the lease and assured the Council that the caption was properly published and there is no question that adequate legal notice was made as required by the law, but as to whether or not this was adequate notice to the residents is another question. Mrs. Daniel L. Webb, 5109 Royalton, informed the Council that she had dis- cussed this matter with a number of members of the Park Board, with Mr. Terry Dopson, Director of Parks and Recreation, and with Assistant City Manager Archie N. Walker in an effort to have the City maintain the park. Mrs. Webb stated that most of the residents of the area only want an open space park to allow for the pursuit of family-oriented activities until the landfill has completely settled. Also speaking in opposition to the lease with the Padre little Miss Kick- ball League were Mr. Jerry Smith, Mrs. F. L. Jackson, and Mrs. Barbara Smith. Mayor Pro Tem Sample pointed out that there is a legal problem connected with the lease in that the lease agreement has been executed, and he feels that the Council has an obligation to abide by the agreement. Mr. Sample stated that he does not feel that he can vote to dissolve this lease and suggested that it be modified to prevent construction of certain structures. Council Member Turner agreed that this is quite a problem, not only for the property owners, but also for the Council Members. She pointed out that the residents have invested a great deal in their homes; they deserve a park area for their children; it is unfortunate that the City has been unable to do anything to improve the park; but indicated that she realizes that the members of the kick- ball league have certain rights to a site for their activities. Mrs. Turner then inquired if there is a possibility that another site might be available for the kickball league. City Manager Townsend assured the Council that the existing lease was executed after a great deal of effort had been expended by staff members in an effort to assist this kickball league in finding a site for their games. Mr. Townsend pointed out that most of the available areas are in use for Little League and softball teams. He noted that Cabaniss Field had been mentioned as a possible site for such activities, but stated that this is impossible at this time because Minutes Regular Council Meeting May 30, 1979 Page 10 Kickball League would Improve at least the six acres that are leased to them. City Manager Townsend further explained the situation by informing the Council and the members of the audience that a continuing effort must be made to properly balance the things that have to be accomplished to improve the park. He stated that the land can be leveled, but the leveling operation must be continued each year because of settling, and it would be impossible to install an irrigation system at this time. Council Member Best asked for an estimated date for development of the park. City Manager Townsend replied that the project is not scheduled at this time, and there are neither bond funds nor operating funds for this purpose. Mayor Jones Inquired as to how much has been spent in the park at this time. City Manager Townsend informed the Council that not a very large sum has been spent on park improvements other than the planting of palm trees. He stated that the staff considers leveling operations as an expense incurred by the land- fill rather than park improvement costs. He also pointed out at this time that if the City had been allowed to handle the landfill properly, the settling of the landfill would have been expedited. Mr. Townsend stated that the staff had planned to place the last fill of garbage in a large mound which would have provided more fill for settling. Mayor Pro Tem Sample indicated that he was in a dilemma because there apparently is a problem in communication, but stated that something must be done. Mr. Sample questioned whether or not the residents of the area received proper notice in regard to the plan to lease the land to the kickball league since the streets as listed in the public notice were not generally known. He noted, how- ever, that it would be difficult to terminate the lease because the kickball league entered into the lease in good faith. Mayor Pro Tem Sample expressed the opinion that the best approach would be for both parties to get together in an effort to resolve their differences and avoid the actions of one party from adversely affecting the other party. He suggested that this might be done by modifying the lease to prevent the installation of permanent, unsightly structures Minutes Regular Council Meeting May 30, 1979 Page 9 petition are opposed to the use of this park by the kickball league because of the potential unpleasant facilities that will be located there. Mrs. Brunkenhoefer also stated that her husband had talked to Mrs. Loya and to Mr. Puente In regard to this matter and had attempted to set up a meeting to try to reconcile the differences between the two groups but had been unable to do so. Mrs. Brunkenhoefer informed the Council that it was her understanding that a soccer league is also interested in using this park for their games. She then displayed slides of the park area which depicted the poor conditions in the area, the drainage problem, the high grass and weeds, and the debris that has been dumped in the park. Mrs. Brunkenhoefer also displayed slides of the site at Smith Elementary School with the four back stops, skid -o -cans and portable concession stand used by the kickball league, as well as the Southside Little Miss Kickball field which contains adver- tising signs, bleachers, a snack bar, and fences that are kept locked when not in use by this league. Mayor Jones thanked all of the citizens who had made presentations on this matter and stated that he is very sympathetic with the property owners who have not had adequate information in regard to the condition of the sanitary landfill. Mayor Jones summarized by stating that the Council has very few alternatives in solving this problem in that they have a lease agreement with the Padre Little Miss Kickball League which can continue, can be terminated, or suggested that if some dialogue could be conducted, possibly the various groups could work out their prob- lems. He noted that the children playing in this league reside in this area and stated that he hopes that something can be worked out that will be satisfactory to all parties concerned. Council Member Diaz reminded the Council that at the time the name for this park was agreed to, it was pointed out that once a name was established, the pro- perty owners in the area would expect the park to be developed. He noted also that there are a number of undeveloped parks In the City. Council Member Best emphasized the fact that this park is located on a sanitary landfill that has not settled yet; this is a new park and there are no funds to develop it; and expressed the opinion that possibly the Padre Little Miss Minutes Regular Council Meeting May 30, 1979 Page 8 Mr. Puente agreed to do so and commented that part of their problems was due to a lack of communication. Also speaking in regard to this matter was Mrs. Kay Viles, 5137 Royalton, who disagreed with Mr. Puente's statement that no one had attempted to discuss this with him. Mrs. Viles stated that several people had tried to contact someone with Padre Little Miss Kickball League with no success. Mrs. Viles pointed out that the flooding is a very real problem In the area; the residents were informed that this land would be a City park when they purchased their homes; and nothing has been done yet to improve the park. Mrs. Viles agreed that she would like to discuss the matter with representatives of the Padre Little Miss Kickball League. Mrs. Alicia Loya, 5310 Williams, stated that she is a teacher at Our Lady of Perpetual Help Church and is a rules director for District 1 of the Little Miss Kickball Association, which includes both Oso and Padre Leagues. Mrs. Loya stated that everyone associated with these two leagues, including Mr. and Mrs. Brunken- hoefer, are aware that she is associated with Little Miss Kickball; both of their children know her; and pointed out that if they had desired to contact someone with Padre Little Miss Kickball, she would have been glad to refer them to the proper person. Mr. Chuck Swalla, 5830 St. Andrews, President of the Ridgewood Subdivision Association, addressed the Council and mentioned that to their immediate north boundary is the location of the Padre Little Miss Kickball site; to their immedi- ate eastern boundary is located Gardendale Park which is being developed to house a soccer field; and pointed out that Ridgewood Subdivision will soon be surrounded by organized athletic fields which will greatly increase traffic in the area and deprive the neighborhood children of a park in which to play. Mrs. Donna Brunkenhoefer, 5410 Sugar Creek, spoke in rebuttal to remarks made by Mrs. Loya, stating that she was acquainted with Mrs. Loya but knew that she was a coach, not on the board of the Padre Little Miss Kickball League. Mrs. Brunkenhoefer also stated that the League does not pay for the participants' uni- forms because the parents do. She also referred to the petitions presented earlier during the meeting and noted that they were signed by residents of other subdivi- sions, not just Country Club Estates, stating that the property owners signing the Minutes Regular Council Meeting May 30, 1979 Page 7 with the neighborhood until jus ecently. Mr. Puente also assured the Council that they have no intention of erec lights because the games will be played early in the evening and will be over .'? _ it is dark and that the league does not intend to create a nuisancefor the ne. yrs near the park. Council Member Zarsky :"' red if the league planned St. Andrews as the permanent location for kickbal '-=ivities. Mr. Puente replied that • -y have a five-year lease with the City for this property, and they have not pla anything beyond that time. Council Member Zarsky a d Mr. Puente if they had made an attempt to find a permanent site for the kickbal activities and if they would be satisfied to just have the use of this park land fou only five years. Mr. Puente replied that die only plans that they have are to locate fences behind the back stops and they do not plan to erect lights at this time. He stated that he could not speak for the elitire league in regard to the length of time they desire to lease the land. Council Member Turner asked Mr. Puente about funding for the kickball acti- vities, and Mr. Puente replied that the league is funded by the parents and various fund raising drives. Council Member Turner inquired if the league would be able to survive if they were not allowed to put up anything like a concession stand in order to raise funds, and Mr. Puente indicated that he did not feel that they could. Mr. Puente further explained that this league is designed to serve children in the area bounded by Staples and Padre Island Drive down to Saratoga, right on Saratoga to Weber, and back to Padre Island Drive. Mr. Puente also informed the Council that the league has approximately $2,600 in their treasury after payment was made for the leveling operations. He stated that some of this amount would be used for the purchase of uniforms. Council Member Turner then suggested that Mr. Puente invite representatives of Country Club Estates Association and the St. Andrews Park Association to their next board meeting so that all of their problems could be discussed and possibly work out a solution. Minutes Regular Council Meeting May 30, 1979 Page 6 is really not a large operation. He then introduced Mr. Robert Puente, who is president of the Padre Little Miss Kickball League, stating that Mr. Puente would explain their plans more thoroughly. Council Member Diaz inquired if representatives of the league have met with the other parties interested in this park in an effort to resolve the prob- lems involved, and Mr. Edmonds stated that they have not. Council Member Best inquired if the Padre Little Miss Kickball League contemplates locking the fences around the parks, and Mr. Puente stated that he will try to explain the situation. Mr. Puente explained that 255 girls between the ages of 7 and 18 partici- pate in the league. He stated that the two parties involved -- the St. Andrews Park Association and the Country Club Estates Association -- have never contacted him except for one call. Mr. Puente stated that the league has no intention of enclosing the area with a fence and assured the Council that the only fence planned is a removable fence to be used at the rear of the field to contain the balls when games are in progress. He stated that the area will be open at all other times for use by children in the neighborhood. Mr. Puente stated that they plan to plant bermuda grass in the area and place some red dirt there. He informed the Council that their plans for concession stands and restrooms were not approved by the Parks and Recreation Department. Mr. Puente denied that the activities of the league had created a drainage problem in the neighborhood, pointing out that when extremely heavy rains occur, the area is going to flood regardless of whether or not the Padre Little Miss Kickball League is using the land. Mr. Puente explained to the Council that the games are currently played at Smith Elementary School on a loan basis only; they are using a portable concession stand there; and they have portable skid -o -cans located there for restrooms. Mr. Puente did admit that the league has requested approval of a parking lot to be located at the back of the field in St. Andrews Park, but stated that at this time, they cannot afford a public address system. Mr. Puente stated that only one gentleman had attempted to contact him on behalf of the two associations, and he was not aware that there were any problems Minutes Regular Council Meeting May 30, 1979 Page 5 near Fire Creek and La Costa Drives. He expressed the opinion that no one in the area would have been aware of this location since the streets are not open in the park and are not marked. City Manager Townsend referred to Mr. Brunkenhoefer's allegation that the notice of passage of the ordinance was not clear and stated that he would have to refer this matter to the Legal Department. Mr. Townsend did address the point in regard to the certain notice procedure required for the disposition of a City park and pointed out that this was not the situation that had occurred. He stated that the City had simply leased a portion of a park for park and recreation pur- poses which is certainly an appropriate use of a park. City Manager Townsend stated that the only time the requirements to which Mr. Brunkenhoefer referred are required is when the City plans to eliminate a dedicated park. Council Member Best noted that according to the lease with Padre Little Miss Kickball, nothing can be constructed without Council approval, but City Mana- ger Townsend noted that the stipulation is that nothing can be constructed without the approval of the Parks and Recreation Department. Council Member Best inquired if most of the athletic fields similar to this are locked when not in use by the lessee. City Manager Townsend replied that the lease provides that there will be general use shared between the City and the Padre Little Miss Kickball League except when actual kickball activities are being conducted. Mr. Townsend assured the Council that this field is supposed to be open and he thought other fields leased for athletic activities probably had the same terms, but this would have to be physically checked. Mr. Finley L. Edmonds, Attorney for Padre Little Miss Kickball, stated that he has a daughter who plays in the kickball league and expressed the opinion that the kickball league and other park activities are compatible. He pointed out that the land involved is only 6 acres and that he felt that the remainder of the park should provide ample open space for other activities. He stated that there are never more than 100 children involved in the three kickball fields; usually no more than 100 parents attending the games; and ordinarily no more than a total of 50 vehicles would be parked in the area. Mr. Edmonds assured the Council that this Minutes Regular Council Meeting May 30, 1979 Page 4 stated that he is speaking as a representative of the St. Andrews Park Association and informed the Council that they are totally opposed to the lease of park land to the Padre Little Miss Kickball League. He assured the Council that they are not opposed to kickball activities but that they feel that such athletic activities should not be conducted in this area park which was dedicated for this entire residential area. Mr. Brunkenhoefer stated that the league activities will be conducted in approximately one-third of the park and he and other property owners are opposed to this lease because once permanent structures are installed, the lease will be continually renewed for these same activities, noting that this is the usual practice of the Parks and Recreation Department. He also expressed the opinion that the City usually approves any improvements that lessees request, and he and other residents of the area are apprehensive that bleachers, concession stands with advertising signs on them, and other facilities will be installed in this neighborhood park. Mr. Brunkenhoefer then inquired of City Manager Townsend if the City had ever refused to allow a lessee to install any type of structyre on the premises that they lease. City Manager Townsend stated that the City has refused to allow certain structures that have been requested for installation on a number of occasions, but as long as the fixtures are in keeping with the lease, they usually are approved for installation. Mr. Brunkenhoefer stated that he has been informed that this particular kickball field will not be like Price Field, but he alleged that once the lease is established and the terms are carried out, one-third of St. Andrews Park will be just another unattractive athletic field. Mr. Brunkenhoefer then questioned the legality of the lease, alleging that improper public notice was given in the legal publication in that the only item published was a notice of the first and second reading of the ordinance granting the lease. Mr. Brunkenhoefer stated that it was his opinion that the City had not complied with the State statutes which cover the taking of park land and which require a notice of a public hearing, that a study be made to determine the best use of the land, and other requirements should have been met before this lease was approved. Mr. Brunkenhoefer stated that the notice published in the newspaper was inadequate because it referred to the location of the land to be leased as being Minutes Regular Council Meeting May 30, 1979 Page 3 all concerned and are interested in settling this matter in a manner that will bene- fit the greatest number of citizens. City Manager Townsend referred to criticism voiced last week in regard to the fact that the City had failed to grade the park and agreed that the City has not graded the property properly, but that City crews are in the process at this time of leveling and grading the property in order to correct the drainage. Speaking first was Mrs. Rene Stubbs, 5310 Sugar Creek, Chairman of the Country Club Estates Park Committee. Mrs. Stubbs expressed her appreciation to the City for the work that is in progress in the park at this time. She then pre- sented petitions signed by property owners of Club Estates, Country Club Estates, Ridgewood and St. Andrews Subdivisions requesting that the lease be terminated between the City and the Padre Little Miss Kickball League. Mrs. Stubbs stated that the petition had been signed by 1,140 individuals representing 496 homes and including 832 children. She then mentioned that an extensive time period had elapsed since the park was to be established. Mrs. Stubbs referred to the fact that she had been informed that because of the settling problem, the improvements to the park were being delayed and yet, a portion of the park has been leased to the Padre Little Miss Kickball League. She questioned why if the land is stable enough for this activity it would not be stable enough for other park uses. Mrs. Stubbs pointed out that the operation of the Little Miss Kickball League will entail the installation of concession stands, bleachers, lights, parking and other objectionable facilities, all of which would be very undesirable in this park. City Manager Townsend explained that the area leased to the Little Miss Kickball League is in virgin land that is also a part of the former sanitary land- fill area; it is in the older section of the fill; and the City staff is still of the opinion that permanent fixtures cannot be constructed there. He further stated that the leveling operation will be a continual necessity until the land has settled completely. Also speaking in opposition to the lease was Mr. Robert Brunkenhoefer, Attorney, whose office is located at 930 Petroleum Tower. Mr. Brunkenhoefer Minutes Regular Council Meeting May 30, 1979 Page 2 NUECES COUNTY COMMUNITY ACTION AGENCY City Representatives Mayor Luther Jones Council Member Dr. Jack Best Council Member Jack K. Dumphy AIRPORT BOARD OF ADJUSTMENT Dr. Dana Segler H. C. "Tony" Heldenfels, Jr. (Reappointment) Mr. Scott Cook (Reappointment) Alternates Archie N. Walker Ernest Briones Tom Basile Term to Expire 4-20-81 4-20-81 4-20-81 BUILDING CODE BOARD OF APPEALS Mr. Joe R. Fulton (Building Industry) - (Reappointment)5-04-83 Mr. George E.Clower,Jr. (Architect) - (Reappointment) 5-04-83 MUNICIPAL ARTS COMMISSION - Mayor's appointment subject to Council confirmation Mrs. Dorothy Bateman 9-01-81 Dr. Lynn Longoria 9-01-80 HUMAN RELATIONS COMMISSION - Mayor's appointment Mr. Maury Wolfson 6-14-81 TRAFFIC SAFETY ADVISORY BOARD Mr. Tom Hetzel 4-30-82 Ms. Jan Patton 4-30-82 Mr. Joe Gonzales 4-30-82 LANDMARK COMMISSION Ms. Clara Davy 11-20-80 CITY'S REPRESENTATIVE ON BOARD OF DIRECTORS TO TEXAS MUNICIPAL LEAGUE Mayor Luther Jones MUNICIPAL COURT CLERK Mrs. Anita Garza 5-81 Mayor Jones explained to the audience the procedure the Council follows in making appointments and encouraged the members of the audience to inform the Council if they are interested in serving on various boards, committees or commissions. Mayor Jones announced the consideration of the request of the Country Club Estates Association and St. Andrews Park Association that Padre Little Miss Kickball League lease be cancelled or substantially modified. Mayor Jones explained to the people interested in this matter that he, sev- eral Council Members, and the City Manager had all examined this area, and they are