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
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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