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HomeMy WebLinkAboutMinutes City Council - 12/08/1982MINUTE CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 8, 1982 2:00 P.M. PRESENT Mayor Luther Jones Mayor Pro Tem Betty Turner Council Members Jack K. Dumphy City Manager Edward Martin Bob Gulley City Attorney J. Bruce Aycock *Herbert Hawkins City Secretary Bill G. Read **Dr. Charles Kennedy Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Dr. Gregory Gomez of Segunda Iglesia Bautista, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Zarsky that the minutes of the Regular Council Meeting of November 24, 1982 be approved as presented; seconded by Mayor Pro Tem Turner; and passed unanimously. Mayor Jones then administered the oath to the following new appointees: Mr. W. B. Truax, Building Code Board of Appeals; and Mr. John Wright and Mr. Robert Stratmann, Landmark Commission. Mayor Jones then called for consideration of appointments to Boards and Committees and briefly reviewed those discussed during the morning workshop meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Dumphy and passed unanimously. C OF LMED SEP 191984 Minutes Regular Council Meeting December 8, 1982 Page 2 Coastal Bend Consortium Planning Council a°i TERM Ms. Gloria Deverick (Comm. Based Org.) 9/30/83 Mrs. Grandis Lenken (Business) Dr. Walter McCoy (Voc. Educ. Agency) Joe Quesada (Organized Labor) Mrs. Mary Rhodes (Employees not rep. by Org. Labor) Mr. Oscar Reyna (TEC) Susan Noyes Upshaw (Agriculture) Mary Alice Benavides Eckridge (CETA eligible) Private Industry Council 9/30/83 Mr. Rick Diegel Mr. Jose Montoya Mr. Ed Sample *0*o*0*0*0*0*0*0*0*0*0*0*0* Mayor Jones called for action of the Council from the Workshop session on the following matter: Mr. A. R. "Babe" Schwartz be employed to represent the City of Corpus Christi and other coastal cities in matters pertaining to annexation into the Gulf, Bay and estuaries at a cost to this City of $6,000. A motion was made by Council Member Dumphy that the foregoing action be confirmed, seconded by Council Member Zarsky and passed as follows: Jones, Turner, Dumphy and Zarsky voting "aye"; Gulley voting "no"; Hawkins and Kennedy absent at the time the vote was taken. Mayor Jones informed the audience that it has just been announced that the Corps of Engineers plan for deepening the channel to 45 feet has been approved and none of the dredge material will go into Nueces Bay. *0*o*0*0*0*0*0*0*0*0*0*0*o* Mayor Jones called for a discussion item from the Workshop Meeting in regard to the Bayfront Plan. City Manager Ed Martin stated that the staff has examined the information obtained from the Boards and Commissions and during the public hearing on this plan and they are suggesting that this be acted upon next week with ten changes in the language on the plan, including the suggestions on the Corpus Christi Beach area. Mr. Martin reviewed the changes that the staff proposed in response to suggestions on the following items: (1) That this would become a static document; (2) That Agnes/Laredo Street be identified as a point of arrival to the .mutes Regular Council Meeting December 8, 1982 Page 3 City, which would consist of an extension of these streets to Coopers Alley; (3) A continual traffic study will be made on Shoreline/Ocean Drive to address the concerns that this is becoming a major street and the staff will continue to review the traffic and the vehicle count so that pedestrian traffic w5.11 not become a problem; (4) No change is recommended in the land mass; (5) The concern about access for handicapped persons will be addressed, and the plan will note that all waterfront areas should be accessible to everyone, including the handicapped (6) Corpus Christi Beach Development - the language will be changed pertaining to parking areas and will indicate that there will be development of parking areas adequate for people access to Corpus Christi Beach; there's a plan to design a large park with restrooms at the south of the beach, large parking lots in the middle of the beach and on the north end of the beach, and between each of those areas at least two additional parking areas will be built in a design configuration perpendicular to the water; (7) There will be buffer areas between public and private property; (8) The concern about a boat launching area will be considered in the plan; and (9) in order to enforce maintenance of the beach, a strict enforcement of the ban on glass containers will be maintained. Mr. Martin then displayed pictures of the Corpus Christi Beach access and parking study and located the seven proposed parking areas and explained the plans. Discussion followed on the Corpus Christi Beach areas. Council Member Gulley and Mayor Jones questioned the fact that the small parking areas will take up a large portion of the beach, and Mr. Martin explained that these plans will provide 675 parking spaces. Council Member Gulley suggested that engineering be considered as to whether the parking area should be constructed of concrete or asphalt. Council Member Zarsky commented that the City should not specify the type of design because in the future a better method Minutes Regular Council Meeting December 8, 1982 Page 4 of providing parking may be evident. He urged that the items in the plan be flexible and subject to change according to needs in the future. . Mr. Martin again stated that this will be on the agenda for passage next week. *o*o*o*o*o*o*o*o*o*o*o* Mayor Jones called for the action of the Council by motion on the following items: 1. Bids be received December 28, 1982 for one hundred and seventy five parking meters for the Parking Control Division. The meters are included in the 1982-83 Budget. 2. Bids be received January 4, 1983 for 120' of corrugated steel pipe coated and wrapped for the Street Division to replace corroded pipe under Hopkins Road at Highway 44. 3. Bids be received December 28, 1982 for twelve months supply agreement for diesel fuel (approximately 809,400 gallons). 4. Bids be received December 28, 1982 for replacement theatrical backdrop curtains for the Auditorium. The existing or original curtains have deteriorated due to exposure to humidity. The curtains are included in the 1982-83 Budget. 5. Bids be received December 28, 1982 for the preparation and painting of the Sidbury and Lichenstein historic houses in the Bayfront Science Park. 6. Twelve months supply agreement for fire fighting clothing and equipment be purchased from the following: Halprin Supply Co., Houston, Texas Helmets $ 4,962.50 Bunker Suits 19,730.50 Grand Total $24,683.00 Corpus Fire & Safety, Corpus Christi, Texas Fire Boots Grand Total $ 5,519.88 $30,212.88 Thirteen bid invitations were issued and eight bids were received. The low bid of $4,446.62 on the helmets by S & L Seagraves is not recommended because their accessory equip- ment does not interchange with existing equipment. 7. The purchase of a three month supply of 36,100 feet of copper pipe for the Water and Gas Divisions be approved based on low bid from: Southern Pipe & Supply, Meridian, Miss.: for $23,4i9.48. Nine bid invitations were issued and eight bids were received. Prices have decreased less than 1% since the previous bid of August, 1982. 8. The International Airport Landscaping - 1982 Project be accepted and total payment of $23,232.50 be made to Bay, Inc. The project provided for landscape improvements consisting of palm trees and oleanders at the Airport entrance road and the planting of wax leaf ligustrums in the area between the Minutes Regular Council Meeting December 8, 1982 Page 5 rental car lot and the loop road. A five-day time extension is recommended due to late delivery of palm trees. 9. Exxon Corporation be granted a permit for a well to be drilled from a regular marine location in the Laguna Madre. The State Tract 62 Well No. 1 will be located 2,700 ft. in a southwesterly direction from the John F. Kennedy Causeway, 1,400 ft. seaward of the Padre Isles Development, and 815 ft. in a southeasterly direction from the Intracoastal Waterway. The well will be drilled as a straight hole to a depth of 11,400 ft. No exceptions to the Bay Drilling Ordinance are requested. 10. Amend, prior to second reading, the ordinance which amends the portion of the City Code dealing with the Bayfront Plaza Auditorium and Convention Center to provide that only conventions may be scheduled further than 18 months in advance to add the following definition of conventions: "A Convention, in order to qualify for scheduling further than 18 months in advance, is defined as a meeting including a large number of out-of-town people who will use a significant number of hotel rooms, as determined by the Convention Center Manager". 11. Approving a cooperative contract with the United States Geological Survey for a stream flow gauging station on the Nueces River at the Tilden crossing west of Three Rivers for October 1, 1982 to September 30, 1983 to measure flows into Lake Corpus Christi. The City's 50% share of operational costs is $2,490. The City's cost in 1981-82 was $2,405. Funds are budgeted in the Water Fund for this expenditure. None of the Council Members nor any members of the audience requested that any items be withdrawn. *Council Member Herbert Hawkins arrived at the meeting at 2:40 p.m. Mayor Jones then called for consideration of action of the Council by new ordinances. Council Member Zarsky referred to ordinance no. 12 which is the first reading authorizing execution of a five year agreement for concession rights for the L -Head baitstand with Mr. Ruben V. Lara and inquired if the present concessionaire had submitted a bid on this. Assistant City Manager Tom Utter stated that he did not because of a lawsuit against the City. Mayor Jones called for comments from the audience on the ordinances. Mrs. Carol Schaffer, 1009 Cordova, Dallas, Texas, representing Core Laboratories, referred to ordinance 19 pertaining to closing a 10 foot wide utility easement along the north side of lot 16, block 5, Lantana Industrial Area and Minutes Regular Council Meeting December 8, 1982 Page 6 'objected to the condition of closing because of the requirement that the property be replatted. She stated that Core Laboratories would like to move the easements from the north side of the lot to the south side and she did not feel that there was any reason to replat the property. Assistant City Manager James K. Lontos explained that the lack of replatting presents problems with the City because once the easement is closed, it should be tied to the requirement for replatting and this is one of the conditions to be sure that the City knows exactly where the easements are to prevent encroachment. He stated that it cannot be shown on the plat unless it is replatted so that it can be recorded and available for anyone who might purchase the property. Ms. Schaffer continued by stating that the property will be used by Core Laboratories and there will be no problem because the utility easements will be located on the property; therefore Core Laboratories would like to have the requirement for the replat deleted and they would agree to replat if the property is sold. She referred to item 17 which authorizes the closing of a utility easement but does not require a replat. She expressed the opinion that they should be treated the same as the applicant who had requested that easement closing. She assured the Council that the utility companies have agreed to the closing of the easement on the north side and the utilities will be located on the south side of the property. She mentioned the expense in replatting property and again expressed the opinion that this is not necessary now since Core Laboratories will be willing to replat if they decide to sell the property. City Manager Martin assured the Council that ordinance 17 also requires the replatting of the property if the easement is closed. He stated that replats are required in order to avoid future problems. Council Member Dumphy stated that when he was building fourplexes in the City there was a problem in that they did not Minutes Regular Council Meeting December 8, 1982 Page 7 know exactly where the easements were located. He agreed that the replats were necessary because the practice in this City is to examine the official plat before building or purchasing property. Mr. Tom Swantner, developer and real estate broker, referred to item 16 which amends the platting ordinance by repealing ordinance 17249, relating to maximum right-of-way dedications and maximum street paving obligations. He inquired about the result if this amendment is passed. Mr. Martin informed Mr. Swantner that this is to amend a section of the new platting ordinance because of interpretation problems, and this is to remove this from the ordinance until an agreement on the right-of-way specifications and street paving obligations can be resolved. There were no further comments from the audience on the ordinances. A motion was made by Mayor Pro Tem Turner that the foregoing actions from the consent agenda be approved; seconded by Council Member Zarsky. City Secretary Read polled the Council for their votes on the ordinances and the following passed: 12. FIRST READING: AUTHORIZING A FIVE-YEAR LEASE AGREEMENT WITH RUBEN V. LARA FOR CONCESSION RIGHTS FOR THE L -HEAD BAIT STAND. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 13. ORDINANCE NO. 17380 APPROPRIATING $520 FOR APPRAISAL SERVICES BY SIDNEY H. SMITH IN CONNECTION WITH THE GIFT ACQUISITION OF THE GRANDE-GROSSMAN HOUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 14. ORDINANCE NO. 17381 AUTHORIZING A CONTRACT WITH GOLDSTON CORPORATION FOR THE CONVENTION CENTER AREA DRAINAGE IMPROVEMENTS PROJECT; APPROPRIATING $112,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." Minutes Regular Council Meeting December 8, 1982 Page 8 15. ORDINANCE NO. 17382 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR A LIFT STATION SITE IN CONNECTION WITH THE LAGUNA MADRE PLANT EXPANSION; APPROPRIATING $4,000 FOR THE PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 16. ORDINANCE NO. 17383 AMENDING THE PLATTING ORDINANCE BY REPEALING ORDINANCE NO. 17249 PASSED ON SEPTEMBER 8, 1982, IN ITS ENTIRETY AND REINSTITUTING TO FULL FORCE AND EFFECT SUBSECTIONS A.11 AND A.12 OF SECTION IV AND SUBSECTION A - OFFSITE IMPROVEMENTS OF SECTION VI -EXCEPTIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 17. ORDINANCE NO. 17384 CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT ADJACENT TO THE MOST SOUTHERLY PORTION OF THE SOUTHEAST BOUNDARY OF LOT 2, UNIT 1, WASHBURN MEADOWS SUBDIVISION; PROVIDING FOR REPLATTING OF SAID LOT 2, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 18. ORDINANCE NO. 17385 CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT CENTERED ON THE COMMON LOT LINE OF LOTS 16, 17 and 18, BLOCK 7, LAGUNA VISTA SHORES SUBDIVISION; PROVIDING FOR REPLATTING OF SAID 'LOTS 16, 17 AND 18; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 19. ORDINANCE N0. 17386 CLOSING AN ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT ADJACENT TO THE NORTH BOUNDARY OF LOT 16, BLOCK 5, LANTANA INDUSTRIAL AREA; PROVIDING FOR REPLATTING OF SAID LOT 16; PROVIDING THAT APPLICANT DEDICATES AN EASEMENT TO REPLACE THE TEN FOOT WIDTH ADJACENT TO THE SOUTH BOUNDARY OF LOT 16; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 20. SECOND READING: AUTHORIZING A LEASE AGREEMENT WITH SEAMAN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." Minutes Regular Council Meeting December 8, 1982 Page 9 21. SECOND READING: AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V -B(6) TO ESTABLISH A SANITARY SEWER EXTENSION POLICY, INCLUDING ESTABLISHING $150.00 PER LOT OR $600.00 PER ACRE FEES, $100.00 PER LOT SURCHARGES, PRO RATA FRONT FOOT CHARGES OF $5.00 PER FOOT; ESTABLISHING A SANITARY SEWER TRUNK LINE TRUST FUND FOR USE IN CONSTRUCTING TRUNK LINES AND REIMBURSING DEVELOPERS FOR CONSTRUCTING TRUNK LINES; ESTABLISHING A COLLECTION LINE TRUST FUND FOR USE IN OVERSIZING AND CONSTRUCTING COLLECTION LINES AND REIMBURSING DEVELOPERS FOR OVERSIZING AND CONSTRUCTING COLLECTION LINES OFFSITE; PROVIDING FOR DEVELOPER CREDITS FOR ACTUAL INSTALLATION COSTS UP TO THE AMOUNT OF THE LOT/ACREAGE FEE; PROVIDING FOR REIMBURSEMENT OF DEVELOPERS FROM FUNDS AVAILABLE IN THE RESPECTIVE TRUST FUNDS FOR THAT PORTION OF THE LINES INSTALLED BY DEVELOPERS UP TO THE MAXIMUM REIMBURSEMENT CRITERIA; SETTING FORTH FEE EXEMPTION CRITERIA; AND PROVIDING FOR BI -ANNUAL REVIEW OF FEES AND SUFFICIENCY OF TRUST FUNDS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 22. SECOND READING: AMENDING CHAPTER 36, ARTICLE III OF THE CODE OF ORDINANCES TO PROVIDE THAT ONLY CONVENTIONS MAY BE SCHEDULED FURTHER THAN 18 MONTHS IN ADVANCE; TO SIMPLIFY AND TO BRING ABOUT CONSISTENCY IN RENTAL RATES AND REGULATIONS; TO PROVIDE FOR THE CHARGING OF A 10 PERCENT FEE TO ALL CATERERS DOING BUSINESS IN ANY AND ALL AREAS OF THE CONVENTION CENTER AND AUDITORIUM; AND TO PROVIDE A 15 PERCENT DISCOUNT TO LESSEES WHO CONTRACT FOR A SERIES OF DATES IN A CALENDAR YEAR IN THE THEATRE AND/OR THE MEETING ROOMS OF THE CONVENTION CENTER; PROVIDING FOR SEVERANCE AND FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 23. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, TO LIMIT THE AUTHORITY OF THE BAY DRILLING COMMITTEE TO AN ADVISORY CAPACITY; AND PROVIDING FOR SEVERANCE AND PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 24. SECOND READING: AMENDING ORDINANCE NO. 17112 APPROVED JULY 7, 1982, BY DELETING THE BAY DRILLING COMMITTEE FROM THE LIST OF BOARDS AND COMMITTEES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, and Zarsky voting "aye"; Hawkins "no"; Kennedy "absent." 25. SECOND READING: AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD ADOPTED BY ORDINANCE NO. 17258 ON SEPTEMBER 15, 1982, PROVIDING FOR AN EXTENSION OF THE PROBATIONARY PERIOD AND FOR THE CITY MANAGER'S DESIGNEE TO APPROVE OR REJECT THE CITY'S PHYSICIAN'S FINDING ON DISABILITY TERMINATION. Minutes Regular Council Meeting December 8, 1982 Page 10 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." 26. THIRD READING - ORDINANCE NO. 17386 AUTHORIZING A LEASE AGREEMENT WITH ERNIE C. BUTTLER AND CORLISS W. BUTTLER DBA SNOOPY'S PIER FOR THE CONSTRUCTION AND OPERATION OF A BAIT STAND BUSINESS ON TRACT NO. 13 OF THE COASTAL PUBLIC LANDS FOR TWENTY YEARS TO FURTHER PUBLIC RECREATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent." *o*o*o*o*o*o*o*o*o*o*o* Mayor Jones called for consideration of the items on the Regular Agenda. ACTION BY MOTION *27. A deferred drainage agreement with St. Clair Steel Structures, Inc. pertaining to the platting of a 2.6 acre tract at St. Clair Industrial Park be denied. The agreement has been considered by the Council on three previous occasions, and as a result of the last meeting, the developer included a commitment to install a permanent storm sewer in a drainage easement he would dedicate as temporary drainage for the 2.6 acre tract. Assistant City Manager Lontos explained that this matter has been before the Council on three separate occasions, and the last request for drainage was denied by the Council and one of the conditions was the request to work out (1) easement dedication from the abutting property owners and (2) to provide assurances that the construction of the storm sewer will actually occur. He stated that the applicant has indicated that the easement dedication has not been made and the staff does not feel that the assurance that the storm sewer will be constructed has been provided. He located the property on a map. Mr. St. Clair addressed the Council and stated that he was of the'opinion that he had done everything the Council requested. Mr. Lontos expressed the opinion that in view of the fact that the Council has a public hearing that begins at 3:00 p.m. and this matter will take a great deal of explanation, the Council might wish to consider withdrawing this item at this time. A motion was made by Council Member Gulley to withdraw item 27, seconded by Council Member Zarsky and passed unanimously. *NOTE: This item was withdrawn Minutes Regular Council Meeting December 8, 1982 Page 11 *28. A request to temporarily close North Lower Broadway and Twigg Street abutting the Caller -Times Publishing Company be approved subject to a 12 foot wide fire lane being maintained on the two streets. It is further recommended that a monthly fee of $781.00 be charged the Caller -Times in accordance with the City Code for public curb space rendered unusable during construction and an additional one-time charge of $75.00 as a parking meter reinstallation fee be charged. A major expansion of the Caller -Times is planned beginning in December, 1982, and the period of closure of the two streets is estimated to be one year from that date. Council Member Zarsky referred to a letter from the Corpus Christi Caller Times to the effect that they would like to close only one-third of the street and they have therefore requested that this item be withdrawn. 29. Authorizing execution of a contract for $43,313 with the U.S. Equal Employment Opportunity Commission to process individual charges of employment discrimination which have been filed with or referred to the City's Human Relations Activity for the period of October 1, 1982 to September 30, 1983. The Human Relations activity is expected to resolve a total of 105 charges during the term of this contract, for which the City will be reimbursed $412.50 per charge. 30. Approving a policy to provide protective vests at the City's expense to Police Officers who desire them. Council Member Gulley expressed the opinion that the Council needed a further explanation from the Police Department on this item before it is approved. Mayor Jones expressed the opinion that any delay would indicate some reluctance on the part of the Council to provide safety measures for the Police Officers. Council Member Gulley expressed the opinion that if the protective vests are purchased, there should be a requirement that the vest must be worn. ' City Manager Martin stated that the staff has conducted a study and this is a matter of personal choice by the Police Officers, and if they request the vest, then they will have to wear them. He agreed that it could be a very expensive item, but if it will protect the employees, they should be purchased. Mayor Pro Tem Turner stated that she totally supports this staff recommendation and she felt that the Police Chief should be' commended for the study conducted and the decision made by him since this should not be a matter of collective bargaining. *NOTE - This item was withdrawn Minutes Regular Council Meeting December 8, 1982 Page 12 Council Member Zarsky inquired about the life expectancy of the vest, and Police Chief Bill Banner expressed the opinion that it would be indefinite. 31. Consideration of a request for free curbside parking in the downtown area during December. Mr. Sam Allen, President of the Central Business District Association, stated that his organization endorses the staff recommendation. A motion was made by Mayor Pro Tem Turner that items 29, 30 and 31 be approved; seconded by Council Member Gulley; and passed unanimously. *o*o*o*o*o*o*o*o*o*o*o* Mayor Jones announced the public hearing on the following two items: 32. 3:00 p.m. - Preliminary assessment roll for the improvement of Airline Road from Williams Drive to Holly Road. The preliminary roll provides for assessments of $115,257.03 on 18 items. 33. 3:00 p.m. - Closing a 20' wide strip of right-of-way on Airline Road near Holly Road fronting Lots 1 and 2, Section 13, Flour Bluff Encinal Farm and Garden Tracts. The staff feels that the bulk of the 20' strip, which is 1,400' in length, can be closed subject to easement retainage, agreement to paying assessments and dedication of Holly Road right-of-way which would be needed for future Holly Road construction from Lot 2 which has been previously platted. Mr. Lontos suggested that item 33 be delayed because there is no necessity to have this approved today. A motion was made by Council Member Gulley to postpone for two weeks the public hearing on the closing of right-of-way on Airline Road near Holly Road; seconded by Council Member Dumphy; and passed unanimously. City Attorney J. Bruce Aycock conducted the formal portion of the hearing on the preliminary assessment roll for the improvement of Airline Road from Williams Drive to Holly Road and called as his first witness Mr. Gerald Smith, P. E., City Engineer. Through questioning of the witness, Mr. Aycock ascertained the Mr. Smith has been employed by the City of Corpus Christi for 23 years and that he has on file in the City Engineering Department his qualifications. Minutes Regular Council Meeting December 8, 1982 Page 13 Mr. Smith then testified that he is familiar with this project and displayed a transparency showing the portion of Airline Road to be improved. He stated that bids were received by the State for this project; a contract has been awarded by the State to Heldenfels Brothers, which was the low bidder with a bid amount of $863,313.77. Mr. Smith continued by describing the project which provides for'excavation to a width and depth to permit the construction of a 62' wide street within the existing 80' wide right-of-way; the improvements include a standard 6" curb and gutter section, 6" thick stabilized subgrade, 8" thick flexibility base, 5-3/4" asphalt stabilized base and 14" of Hot Mix asphaltic pavement; there will be 4' wide reinforced concrete sidewalks 4" thick and 6" thick reinforced concrete driveways as shown on the plans. He stated that the assessment roll includes 18 items for a total of $115,257.03 with the City's share of the project being $212,662.97. Mr. Smith also stated that the construction started this week and the work will require 41 to 5 months depending on the weather. He stated that the rates are in accordance with the City's assessment policy. City Attorney Aycock called as his next witness Mr. George N. Paraskevas, real estate broker and appraiser. Through questioning of Mr. Paraskevas, Mr. Aycock ascertained that he is qualified to serve in the capacity of appraiser for the City, that he is thoroughly familiar with all of the property involved in this street improvement project, and that he has on file in the Engineering Office a copy of his resume. Mr. Paraskevas testified that in his opinion, all of the property will be enhanced at least in the amount of the assessments with one exception, which is the Southwestern Bell Telephone Company property, item 15, on which he recommended an adjustment in the amount of $1,300. Mr. Smith stated that the staff agrees to this $1,300 reduction. Minutes Regular Council Meeting December 8, 1982 Page 14 Mayor Jones called for comments from the audience on the assessments. Mr. Oscar Spitz, 2100 - 600 Building, item 18, stated that the statement was made that his property would be enhanced at least in the amount of the assessment under the assumption that his property actually abuts on Airline Road. He stated that his property is bounded by Airline, Holly and the easement and the length shown there is incorrect. He stated that basically his complaint is based on the possible closure of the portion of Airline which was postponed for two weeks. He indicated that he was of the opinion that if that portion is closed, his property will not actually abut Airline. Mr. Smith pointed out that all of Mr. Spitz' comments relate to the street closing, not the assessments. He stated that the assessment roll should be adopted so the contractor can commence work. Mr. Spitz spoke again and stated that he would like to formally protest the assessments of their land because they are not' abutting property owners since the City actually owns the land which abuts Airline Road. He pointed out that in other words, they dedicated the street right-of-way and now the City plans to close that right-of-way. City Attorney Aycock disagreed with Mr. Spitz' statement that his property does not abut Airline Road. Mr. John Buck, 1702 Santa Fe, speaking on behalf of Lakewood Village, stated that since these are condominiums, he was of the opinion that Lakewood Village should be assessed at a residential rate rather than a commercial rate since the condominiums are privately owned by individual home owners and they should be eligible for the lower rate. He pointed out that this is a different situation from an apartment complex because it is owned by one person or one group of persons. He stated that each individual condominium should be assessed according to the number of square feet their unit abuts on Airline at a price of $9.75 per square foot rather than at the commercial rate. Minutes Regular Council Meeting December 8, 1982 Page 15 Mayor Pro Tem Turner expressed the opinion that Mr. Buck has a good point and inquired as to what other communities do in similar situations. Further discussion followed and Mr. Lontos stated that the staff would investigate the procedure in other cities in connec- tion with condominiums and make a recommendation to the Council prior to the adoption of the final assessment roll. No one else spoke in regard to this matter. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Zarsky that the preliminary assessment roll for Airline Road be approved as presented and with the reduction recommended by Mr. Paraskevas; seconded by Council Member Hawkins; and passed unanimously. *0*o*0*0*0*0*0*0*0*0*0*0*0* A motion was made by Mayor Pro Tem Turner that the meeting be recessed in order to convene the public hearing pertaining to the Flour Bluff zoning matter at the Coliseum; seconded by Council Member Hawkins and passed unanimously at 3:42 p.m. *0*o*o*0*0*0*0*0*0*0*0* Mayor Jones reconvened the Council Meeting at 3:59 p.m. at the Coliseum and explained the reason for the delay in starting this portion of the meeting. He stated that the Council is fully aware of the emotion in regard to the proposed changes in Flour Bluff and they are aware that following the Planning Commission public hearing, a number of changes were made as a result of that hearing which was conducted on Monday night. Mr. Larry Wenger, Director of Planning, explained the process that had been followed so far and stated that this is a public hearing on the comprehensive zoning for Flour Bluff. He noted that the staff has been working on this plan for six months and they have conducted public information hearings in the Flour Minutes Regular Council Meeting December 8, 1982 Page 16 Bluff area. He stated that the zoning to be considered today is to encourage growth and proper land use. He assured the members of the audience that it will not be necessary for anyone to move or relocate their homes because their improvement may remain as nonconforming use as long as they like. He stated that the zoning changes will allow proper use so as not to conflict with the operation of the Naval Air Station. Mr. Wenger continued by stating that in considering the zoning of Flour Bluff the things that they had to take into consideration were as follows: (1) They could allow development with no consideration of the Naval Air Station operation, which would not only be dangerous but might encourage the Navy to move their operation; (2) They could have followed the strict recommendations made by the Navy, but they felt that this would limit the development; and (3) This development plan is a compromise between those two alternatives which will provide for development, protect the area from hazards and protect the Navy. He stated that the Planning Commission has taken action to adopt the plan with a number of changes as shown on the map. He explained that the commission also took action to recommend that those people affected by the changes of zoning who do not agree with those changes would have the opportunity to make an application to the City in one year for a change of zoning with no fee charged. He stated that during the meeting the preceding evening, another change was recommended for a number of residences and mobile homes that will be in the "I-2" district which does not allow any residences. He stated that the present ordinance for nonconforming status would be if a structure is destroyed 50% or less of its value, they could repair it, but if the structure is damaged more than 50% then it cannot be repaired. He explained that the change recommended by the Planning Commission is that the City single out single family and mobile home structures and allow them to be completely replaced with no time limit. Minutes Regular Council Meeting December 8, 1982 Page 17 Mr. Wenger explained the procedure in which the public hearing will be conducted by stating that they have asked citizens to sign up in three different groups: residents south of Glenoak, residents between Glenoak and Graham Road and residents north of Graham Road to the Naval Air Station. Mr. Ralph Coglianese reviewed the amendments recommended by the Planning Commission following the public hearings in areas A, B and C. He continued by describing the entire zoning change plan and provided background information in regard to the instructions to the staff to prepare a comprehensive plan which was adopted by the City Council on October 6, 1982. He stated that basically the residential developments lie within the central part of Flour Bluff and local businesses are also included in that area to serve those residents. He explained that the pattern established around North and South Padre Island Drive were designated for commercial and industrial development and the pattern to the west and south of the Naval Air Station was planned to be large lot category. He noted that the implementation of this plan will require extensive capital improvements and extensive zoning changes. He then explained the various categories of recommended zoning changes. He explained that these proposed changes will consist of 4,250 acres of low residential zoning, or 86% of the total use; 680 acres of high density zoning, or 14% of the total use; 550 acres of commercial zoning, which is 111% of the total use; and 780 acres of industrial zoning which is 16% of the residential zoning. Council Member Gulley referred to the central section of Flour Bluff which is apparently not affected by the AICUZ Study and inquired about the reason for changing any zoning in that area. Mr. Coglianese explained that if the City plans to make changes on the entire area, the staff felt that it was necessary to take care of future needs of this residential area. He explained that the total population of Flour Bluff at this time is 11,243 and this plan will accommodate a population of 35,000 Minutes Regular Council Meeting December 8, 1982 Page 18 and it will eventually take care of 75,000 population. Mayor Jones stated that the basic purpose of the plan is to provide for the continuation of the Naval Air Station, and secondly, to provide a good responsible plan for the orderly growth of Flour Bluff. Captain Jerry Funderburk, representing the Naval Air Station, briefly reviewed the AICUZ Study which states that the purpose is to provide recommendations to prevent incompatible uses for the protection of clear zones which are high potential for accidents; APZ-1 - significant potential for accidents; APZ-2 - measurable potential for accidents. He stated that in APZ-1 and APZ-2, there is a great deal of flexibility as to what would be compatible with this zoning. Captain Funderburk explained that the primary aim of the Navy in the clear zone is to have no new residential development, and hopefully, the existing residences would be eliminated by attrition. He stated that they would not object to residential zoning as long as new development does not occur. Captain Funderburk then referred to the clear zone policy and quoted from a letter from the Navy which will be mailed to residents to inform them that the Department of the Navy is considering the possibility of obtaining property in the clear zone of the Naval Air Station. He stated that they propose to attempt to purchase or acquire such property and those letters will be mailed out almost immediately. He explained that local appraisers will set an appraisal on each house and the property owner will be allowed to accompany the appraiser when he is making such investigations. He stated that offers will then be made for the purchase of such property. He also explained that no parcel will be split and they will instruct the appraisers not to allow any zoning changes to affect the appraisal and that is the reason the letters will not be mailed until after this zoning has been approved. He also stated that if the Navy cannot acquire the property in the clear zone, there is the possibility Minutes Regular Council Meeting December 8, 1982 Page 19 of changing the configuration of the runways. He informed the members of the audience that because of incompatible uses nearby, Naval bases do close but he does not personally know the factors i the influence the removal of Naval facilities, but he was of the opinion that nothing induces such moves as much as an airplane crash in a residence or if residents build too close to the Navy and send complaints to their Congressmen. He also expressed his concern about potential crash zones, particularly if there are eventually 75,000 people residing in Flour Bluff. Captain Funderburk summarized by stating that he supports the Flour Bluff Development Plan and he speaks for the Navy which also supports the plan. Mayor Pro Tem Turner referred to the Navy's plans to purchase land in the clear zone and inquired if the Navy gives more priority to undeveloped property in the clear zone. Captain Funderburk replied that the Navy acquires the property and it makes no difference if the land is developed or undeveloped. He stated that the target date for the purchase of the land is their fiscal year 1985, which begins in October of 1984. Mr. Wenger then explained the three areas in which order the they would be considered and reminded them that lists have been provided for signatures according to the area in which citizens live. PROPERTY OWNERS LOCATED SOUTH OF GLENOAK TO THE KING RANCH FENCE - ZONE A Mrs. "B-3". Joan B. Mrs. Lance Lance, 3801 Waldron stated that she would zoning because the proposed zoning - Zoning from "I-2" to like to retain the "I-2" would not allow the continuation of the operation of the boat sheds that she and her husband own and if the existing zoning is compatible with the Navy's requirements, she would like to retain "I-2" zoning. Mrs. Barbara Lampert, 6801 Pharoah, representing clients who own Lots 9 thru 14, Section 39, Flour Bluff and Encinal Farm and Garden Tracts - Zoned "F -R", a portion to remain "F -R" and a portion to bechanged to "R-2". Mrs. Lampert stated that she had Minutes Regular Council Meeting December 8, 1982 Page 20 made measurements of runways at Waldron Field and the Naval Air Station and suggested that they be relocated, which in her opinion would offer a better solution than the one proposed. Mr. Virgil Howard, attorney representing Mr. and Mrs. Floyd VanHower - Zoning "R -1B" to be changed to "B-3". Mr. Howard stated that his clients did not object to the "B-3" zoning and urged that the Council adopt the recommended plan. Mr. Anthony Peters, 170 Whiteley Drive, zoning "R -1B" - no change. Mr. Peters stated that the staff had answered his question concerning his zoning and stated that it was his understanding that APZ-1 and. 2 are actually in the flight patterns. He stated that in the five years that he has lived there, he has never seen aircraft in the APZ-2 from Runway 1331 because most of the aircraft use the runway and then fly over the water making a right turn to return to the field. He questioned the need for rezoning the Waldron Road area. Mr. John Matteson, 2250 Waldron, zoning "B-1" - no change. Mr. Matteson stated that he agreed with that recommendation. Mr. Walter DeVille, 457 Sharon, zoning "R -1B" - to "FR", APZ 1 zone. Mr. DeVille stated that he has problems with the AICUZ Study because aircraft has not flown over his property in years and he takes exception to the AICUZ Study. He expressed the opinion that this rezoning is premature since the Navy has indicated they will purchase land in the clear zone. He stated that his property is undeveloped but his family purchased it with the intention of developing it for residential use. Mrs. Marie Speer, editor of the Flour Bluff Sun, stated that she does not object to any particular zoning and she is speaking as a representative of the Flour Bluff Business Association. Mrs. Speer stated that they had encouraged people to attend the meetings on the development plan which were held in Flour Bluff as public meetings and at a number of civic meetings. She stated that she felt sure that everyone in Flour Bluff knew about the meetings and she was appalled at the scare tactics used in the 'illetins that were published and distributed to the residents of Minutes Regular Council Meeting December 8, 1982 Page 21 Flour Bluff by an individual property owner. She stated that there are 50 members of the Flour Bluff Business Association and she presented the Council with a list of their names. Mr. John C. Brooke, Rt. 1, Box 94, stated that he owns two pieces of property affected by the changes of zoning, (1) a twenty acre tract at the corner of Rodd Field and Waldron and (2) a ten acre tract. He stated on the twenty acre tract which is zoned "R -1B", no change is recommended, but on the ten acre tract which is also zoned "R -1B" the recommendation is for "F -R" zoning. He stated that he objects to the change of zoning on the ten acre tract because he operates a mobile home park there and if the zoning is changed to "F -R" and he decided to sell the property, it would be very difficult. He expressed the opinion that there is no logical reason to change the zoning on this piece of property. Mr. Wenger explained that this property is located in APZ-2 which recommends no more than two units per acre. Mr. Brooke then requested that this property be zoned for mobile home use. Mr. Wenger explained that Mr. Brooke's mobile home park is in operation as a special use since there was no zoning specified for mobile homes when he established this park. He explained that since this lies within the APZ-2, the staff recommends zoning of "F -R" to eventually phase out this operation. He stated that this property owner can operate the mobile home park as long as he wants to. Mr. Brooke expressed concern because there is some question as to what happens if the property is destroyed redevelopment would not be allowed since his property would have a nonconforming use if the zoning change is approved. * o* o* o* o* o* o* o* o* o* o* o* o* o* PROPERTY OWNERS LOCATED BETWEEN GLENOAK & GRAHAM ROAD - ZONE B Judge George Hamilton, 51 Townhouse Lane, stated that he owns six acres on Flour Bluff Drive, existing zoning "I-2" to be changed to "B-4". Judge Hamilton urged that the "I-2" zoning be Minutes Regular Council Meeting December 8, 1982 Page 22 retained because there is nothing located on the property except for a ready -mix plant on one corner and it would be difficult to develop it because of a railroad spur that is located there. Mr. Coglianese pointed out that the existing use could continue as nonconforming. Mr. James Livermore, 321 Anchor Street, stated that he believed that he was actually in Zone C, zoning "R -1B" to be changed to "I-2". He inquired if he could sell his home and if the new owner would be allowed the same use. Mayor Jones stated that it could be sold as a home and the new owner could continue to use it even if the zoning is changed to "I-2". Mayor Jones then asked Mr. Wenger about the type of use allowed in "1-2". Mr. Wenger explained that "I-2" is primarily for wholesale service industries, light industries, manufacturing and similar uses. Mr. Livermore expressed the opinion that no one would want to purchase a house with the potential for that type of use. He asked if his house could be rebuilt, and Mayor Jones stated that it could. Larry Wenger interjected that the house could not be enlarged however. Mr. Livermore then asked if his property could be rezoned to "F -R" instead of "I-2". Mrs. Joy Harris, 2245 Flour Bluff Drive, explained various properties that she and her relatives own and expressed the fear that she would have to give up her land. Mayor Jones assured Mrs. Harris that there is nothing in this plan that would cause anyone to give up any property that they own. Mrs. Harris also expressed concern that her taxes will be increased and this would result the necessity to sell her land. Mr. Calvin Self, 1355 Don Patricio Road, zoning "R -1B" - to be changed to "B-4". Mr. Self stated that he had no objection to the change of zoning but referred to his property located at 302 Minutes Regular Council Meeting December 8, 1982 Page 23 Military which is proposed to be changed from "R -1B" to "F -R". He stated that he has 50 lots that he would like to develop and he requested that the zoning changes be delayed until it is ascertained what the Navy will do about purchasing the property. Mr. Self then asked for a show of hands of people who do not concur with the Flour Bluff Civic League and the Flour Bluff Business Association who have recommended approval of this plan. A large number of people raised their hands. Mr. Self reiterated that he would like to see the change to "F -R" zoning delayed until the Navy decides just what they are going to do. Mayor Pro Tem Turner expressed the opinion that the "F -R" area is the most critical area and if the Council complies with his request, this might deter development in the area. Mr. Self stated that they are building homes there now and pointed out that it is not in the clear zone. Mrs. Turner stated that this is the area in which the City plans to purchase property. Mr. Joe R. Harris, 2245 Flour Bluff Drive, stated that he owns ten acres between Don Patricio and Graham Roads and his mother owns a portion of land on which her residence is located, which is zoned "R -1B". She stated that the only access she has is an Exxon road and stated that he would like to have this property zoned "F -R". Mr. Coglianese pointed out that there is no change recommended on the property he referred to, but Mr. Harris reiterated that they would like to have the zoning "F -R". Mrs. Elizabeth Payne, 714 Don Patricio, zoning "R -1B" - no change. She stated that this property is adjacent to the area to be zoned "T -1C" and expressed concern about it because they feel that their property value will be decreased with that zoning on the adjacent property. She then asked that the zoning on the trailer park be zoned "R -1B". Mr. Wenger explained that "T -1C" is a mobile home subdivision. Minutes Regular Council Meeting December 8, 1982 Page 24 Mr. L. J. Frankhaus, 2139 Flour Bluff Drive, stated that he has a business located there but the property is for sale and in his opinion if it is zoned "B-4", it will be even more difficult to sell. He stated that he is also speaking on behalf of Mrs. Charlene Thomas and she objects to the same recommended zoning change for her property. He asked about the reason for down -zoning from "I-2". Mr. Wenger explained that it was due to the fact that after studying the plan, the last capital improvement plan has funds for expansion of the sewer plant, and with that improvement, the area would be available for residential use. Residential use is not allowed in "I-2" but it is in "B-4". Council Member Gulley expressed the opinion that the area in the middle or Zone B, should not have any zoninglchanges because it does not affect the Navy and there is no reasoto rezone this area. *o*o*o*o*o*o*o*o*o*o*o*o*o* PROPERTY OWNERS LOCATED NORTH OF GRAHAM ROAD TO N.A.S. - ZONE C Note: Most of the property owners in this area objected to the change of zoning to "I-2" because they will be unable to expand their property; their taxes will be increased; it will be very difficult to sell the property for "I-2" use since most of them own single lots and there is very little demand for industrial use in this vicinity. Mr. John Montgomery, 426 Aviation, existing zoning "R -1B" to be changed to "I-2", stated that he purchased his lots for residential use and objected to the change. Mr. John McDermott, 426 Aviation - Present zoning "R -1B" to be changed to "I-2". Mr. Ron McGee, 434 Linnet Street, stated that he was speaking on behalf of 213 people who could not attend the meeting. He then presented a petition from them objecting to the zoning change. Mr. Carl Webb, 7529 Wooldridge, stated that he has 29 plexes and triplexes in the 600 and 700 block of McDonald Minutes Regular Council Meeting December 8, 1982 Page 25 Street - Present zoning "R-2" and "A-2", all of them to be changed to "1-2". He stated that he also has triplexes at 1021 Behman and 5 duplexes on Weaver Street, and he would prefer that the existing zoning remain. Mrs. Nora Phillips, 846 McDonald - Present zoning "R -1B" to be changed to "I-2". Mrs. Phillips stated that they purchased a trailer house but they eventually wanted to build a residence and they will be unable to do so if their zoning is changed to "I-2". Mr. Dan Modl, 409 Military - Present zoning "R -1B" to be changed to "I-2". Mr. Modl objected to the change for the same reasons the others have. Mrs. Stephanie Modl, 409 Military, objected also to the change of zoning because it would change the character of the neighborhood. Mr. Horace D. Ford, 1233 Stone, who owns Lots 17 thru 20, existing zoning "R -1B" - to be changed to "B-3". Mr. Ford objected to the proposed change of zoning and asked that his zoning be retained. *o*o*o*o*o*o*o*o*o*o*o*o*o* Mayor Jones declared a 10 minute recess at 6:55 p.m. Mayor Jones reconvened the meeting at 7:05 p.m. Mr. Jim Harris, 447 Linnet Court, existing zoning "R-2" - to be changed to "I-2" and "R -1B" and "B-4" to be changed to "I-2" Mr. Harris objected to the proposed changes of zoning because he has triplexes which he will not be able to build if they are destroyed. He stated that he will be unable to sell his property and inquired if the City planned to provide compensation for this loss of income. Mayor Jones stated that there are no plans to pay anyone for their property, even though $5 million was approved in the bond, issue to purchase land or development rights to land in the area of the airfields. He noted that since the Navy has just informed the City that they plan to purchase land in the clear zones, the City may be able to purchase additional land but there are no funds allocated for compensation to property owners because of a Minutes Regular Council Meeting December 8, 1982 Page 26 change of zoning. Mayor Jones then expressed the opinion that some of the property will be increased in value. Mrs. Elsie Gisclair, 334 Military Drive, existing zoning "R -1B" to be changed to "F -R". Mrs. Gisclair stated that her property is in the clear zone and she understands that appraisers will approach her with the idea of purchasing her property for the Navy. She inquired if provisions will be made for her to purchase a similar residence elsewhere with compensation for the higher interest rate that she will have to pay for a new home. She pointed out that she would lose a great deal of money if she had to replace her home at existing interest rates. Mr. Utter explained that the City is not purchasing any property that is developed, but purchase such homes and their policy would be to losses. acquiring or the Navy may compensate for Navy personnel present indicated that they did not know the answer in regard to the interest rates. Mr. Utter continued his explanation by stating that the bond funds allocated for purchase in the clear zone were only for undeveloped property. He stated that if sometime in the future, the Navy decided to purchase Mrs. Gisclair's home, they might take into consideration the interest loan that she has on her house at this time. Mrs. Gisclar then inquired if she would be forced to sell her home to the Navy. Mayor Pro Tem Turner stated that hopefully the money that she receives for the sale of her property would be ample enough. for her to replace her home even at a higher interest rate. Council Member Dumphy explained that in valuation of property, appraisers could take into consideration a 3% loan on a house and calculate the value of that loan and stated that this is an acceptable practice. Captain Funderburk addressed the audience and stated that appraisers take into account the appraisal of the existing loan and interest; the Navy policy is to acquire the land in the clear zone; it has been their practice to acquire property either Minutes Regular Council Meeting December 8, 1982 Page 27 developed or undeveloped; and this may include condemnation proceedings. Mr. Steven N. Chisholm, 842 McDonald Street, present zoning "R -1B" and "A-2" to be changed to "B-4". Mr. Chisholm questioned the reason for the change to business zoning. Mr. Thomas Irrera, 702 Jester, present zoning "R -1B" to be changed to "I-2", located in APZ-2. Mr. Irrera stated that he preferred that his property remain zoned "R -1B" because of the possible difficulty in selling property in "I-2" zoning. Mr. Bill McMahon, 846 Green Bay Drive, present zoning "R -1B" to be changed to "I-2", located in APZ-1, preferred that his property remain zoned "R -1B". Mr. David May, 2213 Ayers, stated that he owns several pieces of property zoned "I-2" which will remain "I-2", but he also owns a mobile home park which is planned to be rezoned to "I-2". He stated that they are all in APZ-1 and represent his lifetime investment in Corpus Christi. He objected to this massive rezoning because of the possible difficulty in selling the property if it is zoned "I-2". He expressed the opinion that the AICUZ Study is inaccurate in that it did not reflect the true picture of the dangers and hazards of the Navy. He expressed the opinion also that anyone suffering a loss through this rezoning should be compensated. He agreed that no new development should occur, but expressed the opinion that as long as further development did not occur, the Navy would be protected. Mrs. Barbara May of the same address pointed out that the proposed text amendment does not provide the same rights for apartment owners as it does for the owners of single family dwellings. Mr. Milton Schoen, 905 Waldron, present zoning "B-4" - to be changed to "I-2", located in APZ-1. Mr. Schoen stated that he has a business and apartments at Lakeside and Waldron Road and he objected to the fact that if something happened to the apartments they could not be rebuilt. He stated that he also has two trailer lots at another location and inquired if that same Minutes Regular Council Meeting December 8, 1982 Page 28 stipulation would apply to them as to residential houses. Mr. Wenger explained that residences and mobile homes can be rebuilt. Mr. Ralph E. Krause, 905 Talmadge, present zoning "R -1B" - to be changed to "I-2", located in APZ-1. Mr. Krause objected to the rezoning. Mr. Henry Kosling, 1301 Prince, presented a petition containing several hundred names expressing opposition to the rezoning. He referred to Area C that proposes changes in many areas from "R -1B" to "I-2". He noted that a number of senior citizens who are retired and living on a fixed income have houses in the north end of Flour Bluff east of the airfield, and they objected to having their land rezoned for industry because it is not appropriate there. He expressed the opinion that the air rights of the Navy are being inflicted upon the private owners and they should not be penalized in this way. He requested that the Council consider the fact that 12 months allowance to rebuild if damaged is not sufficient time since it takes several years to obtain a loan or receive insurance funds. He concluded his remarks by suggesting that the plan be tabled, with efforts being made to maintain orderly growth under the existing zoning. Mr. Ed Prichard, Attorney representing the Turnbull Estate and Hawn brothers, objected to the proposed changes from "B-4" to "B-3" on these pieces of property. He stated that his clients agree that the Navy should be protected but the only thing they would like to request is that their property be allowed to remain zoned "B-4", particularly since it is in the area that lies outside the AICUZ zone. He stated that they do not object to rezoning the remainder of their property but they want the "B-4" zoning in order to develop it the way they planned. He called the Council's attention to Captain Funderburk's statement to the effect that the Navy does not care about the rezoning of property outside the AICUZ zones. Mr. Prichard continued and spoke on behalf of Candystick Corporation owned by Mr. Roger Seaman, a developer, who owns 8 Minutes Regular Council Meeting December 8, 1982 Page 29 acres in Flour Bluff. He stated that Mr. Seaman is not concerned about the apartment zoned area but there is one piece of property that is 400' deep and he has attempted to persuade a large grocery chain to locate there but with no success. He stated that he is also attempting to interest someone in constructing a motel or hotel on the back area of the property and this cannot be done under "B-3" zoning but it could under "B-4" zoning. Mr. Prichard also referred to other proposals for changes of zoning and mentioned the fact that Mr. Archie Walker of the Planning Commission had expressed the opinion that each complaint should be considered separately, but the other Commission members felt the entire plan should be adopted, but with the provision that each individual would have the opportunity within a year to apply at no cost for rezoning of their property. He pointed out that if a comprehensive plan is adopted, the individual property owner would have the burden of proving that a change in circum- stances had occurred from the time the overall comprehensive plan was adopted and this would be impossible for anyone to do. He expressed the opinion that many property owners will file suit if this plan is adopted as it is. He noted that appraisals and condemnations were discussed some time ago and suggested that the City Attorney be requested to provide advice on condemnations. He stated that there are all kinds of appraisals, but appraisals that are made in condemnation proceedings are for the amount of money in cash, not on time payments and mortgage payments and interest are not even considered since property is only purchased for actual value. He requested that the Council table this matter until all of the information is available and consideration has been given to each individual case. Council Member Kennedy stated that obviously there are several things wrong with the comprehensive plan. He noted that there are not too many problems in areas A and B, but area C does have a number of problems in the suggested zoning changes. He stated that he would like to refer this back to the staff for 90 days so that they can prepare information on the comments that Minutes Regular Council Meeting December 8, 1982 Page 30 has been heard during the public hearings and make recommendations to the Council. Council Member Kennedy then made a motion that adoption of this Flour Bluff rezoning plan be tabled for 90 days. Council Member Zarsky seconded the motion, provided that everyone who is present is allowed to speak as well as those who are not present and may object to their change of zoning. Council Members Gulley and Dumphy agreed that no changes should be approved at this time. Mayor Jones called for the vote on the motion to postpone action on the zoning for 90 days and request that the staff provide an item by item report and it passed unanimously. Mrs. Lou W. Hobbs, representing the executor for the Eugene Ratliff Estate, objected to the change of zoning for this property and informed the Council that State Farm Insurance had refused to insure this $60,000 home as the property is zoned for business. She stated that it was her understanding that insur- ance could not be obtained if a house is located in APZ-2 zone. Mayor Jones questioned her statement that insurance could not be obtained if the zoning is changed. He pointed out to her that she has not been denied insurance and he did not feel that there is any way that anyone can decline to insure a home. Mr. David Martinez, 1225 Jonnell, existing zoning "R -1B" to be changed to "B-3". Mr. Martinez objected to the massive change of zoning in the entire area because it would be too detrimental to too many people. He also expressed the opinion that individual requests for changes of zoning one year from now would be a futile effort. He suggested that there might be a conflict of interest for the City to change the zoning on land they plan to purchase in the future. Mr. Larry Urban, representing Mr. Phil Bradshaw, of Flour Bluff Lumber Company, existing zoning "B-4" and "R -1B" with a special permit to be changed to "A-1" with a special permit. Mr. Urban stated that he has an unusual request in that the lumber yard requires "I-2" zoning and there are other businesses in the Minutes Regular Council Meeting December 8, 1982 Page 31 vicinity. He pointed out that the proposed zoning would establish industrial zoning adjacent to this particular area, and since this property already has industrial use, he requested that this property also be zoned "I-2". Mr. Lee Essig, 322 Lakeside, existing zoning "R -1B" to be changed to "I-2". Mr. Essig requested that his zoning be allowed to remain as it is. Mr. C. D. Patrick, 4525 Gollihar #122, stated that he owns three pieces of property on Waldron Road on which houses are located, existing zoning "R -1B" with no change recommended. He referred to the property owned by Mr. Matteson which is for sale and expressed concern that after that property is sold the zoning will be changed to commercial and he would object to that adjacent to his property. Mr. Patrick objected to the unfair stipulation in regard to replacement of apartment houses that are destroyed. He also stated that he has property on Barton Street where he plans to construct triplexes. He noted that this property is proposed to be zoned for commercial use and requested that the property remain zoned "A-1". Mr. William C. May, 421 Skipper Lane, existing zoning "A-1" to be changed to "I-2". He stated that he is renting apartments at this location and objected to the fact that if a hurricane destroyed them he could not replace them. He requested that this property remain zoned "A-1". Mrs. Kelly May also spoke in regard to this same property. She expressed the opinion that the Navy should have to pay for these changes, not the property owners. Mr. Curtis Reeves, 841 Flour Bluff Drive, existing zoning "R -1B" to be changed to "I-2" located in APZ-1, requested that his property remain zoned "R -1B". Mrs. Sue Guess, 728 Elizabeth, existing zoning "A-1" to be changed to "I-2". Mrs. Guess objected to the change because she has apartment units located there which represent an investment and she is of the opinion that her property will be worthless if it is rezoned to "I-2" and the apartments could not be rebuilt. Minutes Regular Council Meeting December 8, 1982 Page 32 Mr. E. M. Reid, III, existing zoning "R -1B" to be changed to "I-2". Mr. Reid stated he also represents four other property owners and they object to the change of zoning. Mr. C. F. Bright stated that he owns various properties throughout the Flour Bluff area. He urged that this plan be considered only as a comprehensive plan for future development and not for change of zoning. Captain Jerry Funderburk spoke again and assured the Council that the Navy will be glad to work with the staff during the next 90 days. He addressed the comments that he had heard and stated that there are a lot of misconceptions about the AICUZ Study and flight patterns. He stated that the AICUZ Plan is public information and anyone who wants to know about it can contact Warrant Officer Center. He also stated that they would be glad to explain the AICUZ Study and indicated that the Navy will proceed with their plans to purchase property in the clear zone as soon as possible. Mayor Jones expressed the opinion that the problem can be worked out. He noted that the Navy does not care what zoning the City uses, but they just want the area to remain at status quo. There being no further busines's to come before the Council, on motion by Council Member Hawkins, seconded by Council Member Zarsky and passed unanimously, the Regular Council Meeting was adjourned at 9:56 p.m., December 8, 1982.