Loading...
HomeMy WebLinkAboutMinutes City Council - 09/25/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 25, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark Hall. City Manager R. Marvin Townsend Exec. Asst, City Attorney Michael May Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the City The Invocation was given by Reverend Boniface Buergler, Chaplain at Spohn Hospital. City Secretary Bill G. Read called the roll of those in attendance. Motion by Acuff, seconded by Stark and passed, that the Minutes of the Regular Council Meeting of September 11, 1974 at 2 p.m., and of the Special Council Meeting of September 11, 1974, at 4 p.m., be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: HUNTING AND FISHING DAY, September 28, 1974; PORT WEEK, Sept. 29 thru Oct. 5, 1974; TELEPHONE PIONEER DAY, September 27, 1974; and NUECES COUNTY HISTORY WEEK, September 29 through October 5, 1974. Mayor Luby, assisted by Director of Department of Inspections and Operations L. W. Hennings, presented 1974 awards for outstanding citizenship through support of the United Way of the Coastal Bend, to employees of the following departments: Award of Excellence, Traffic Engineering Department, accepted by Ray Menville; Silver Award, Transit Division, accepted by J. K. Taylor; Silver Award, Aviation Division, accepted by W. D. Wilder; Silver Award, Planning & Urban Development, accepted by Don Hill; Silver Award, Corpus Christi Museum, accepted by Carroll Williams; Silver Award, La Retama, Parkdale and Greenwood Libraries, accepted by James Stewart. Mayor Luby called for the City Manager's Reports, and City Manager Townsend pre- sented recommendations with explanations and comments, as follows: a. That bids be received at 11:00 a.m., Tuesday, October 15, 1974 for the following: (1) 24 rolls of various size reflective sign material for Traffic Engineering. (2) A one-year maintenance contract on the Digicom System in the Police Division. The specifications are restrictive in that they require factory authorized service and parts. The only company which is known to be able to meet the specifications is the manufacturer of the system. Since Inutes Regular Council Meeting September 25, 1974 Page 2 the system is unique and very specialized, only the manufacturer and his representatives are in a position to be able to provide the quality of maintenance needed. b. That contracts be awarded to the following firms for microfilm service and a microfilm reader -printer for the Engineering Services Division on the basis of low bid: COMMERCIAL MICROSYSTEMS & REPROGRAPHICS, Microfilming - Approx. 23,000 Engineering Drawings on 35 MM File $3,450.00 Approximately 40 Rolls Duplicate Film 180.00 $3,630.00 3M MICROFILM SYSTEMS - 1 Model 201 Microfilm Reader -Printer $5,010.00 Bids were received from 4 firms. (Bid Tab 054-74) c. That Gulf Testing Laboratory, Inc. be retained to provide testing services for the West Port Area Street Improvements project, consisting of the reconstruction of Sarita, Niagara and Bertram Streets and right turn modifications on Everhart Road at Padre Island Drive. The fee will be $5,000.00. No additional appropriation is required. d. To approve a permit for Shenandoah Oil Corporation to drill a straight hole in the northwest corner of State Tract 708, Nueces Bay, to a depth of 12,500 feet. Shenandoah Oil Corporation has not applied for any exceptions and has complied with all requirements of the Bay Drilling Ordinance. e. That the proposal of Touche, Ross & Co. for a performance audit, at a price not to exceed $19,000, of the Park & Recreation Department be accepted. Corpus Christi is one of 13 cities which, in cooperation with the International City Management Association and the General Accounting Office, are engaged in pilot studies to determine the usefulness of full performance audits in measuring the effectiveness of governmental operations and making recom- mendations for improvements. This cooperative study was informally approved at a workshop meeting in September, 1973 and is included in the 1974-75 Budget. f. That a contract be authorized with South Texas Speech, Hearing and Language Center for $15,000 to cover costs incurred in providing diagnostic evaluations and therapy services to indigent citizens of Corpus Christi with speech and hearing problems from February 1, 1973 through January 31, 1974. g. That the 10' utility easement in Lots 3, 6 and 7, Block 6, Fallin's Riverside Sub- division, located between I.H. 37 and Leopard Street, west of Callicoate Road, be abandoned. The property is being replotted and an alternate easement will be provided. An ordinance has been previously passed abandoning this easement; however, only 5 feet of it was abandoned and the description of the property involved was in error. All affected departments concur. •utes Regular Council Meeting September 25, 1974 Page 3 h. That a contract be approved with the Texas Water Development Board for $30,000 to continue the Cooperative Estaurine Investigation Program, which is part of the bay and estuary studies being undertaken by State and Federal agencies to determine fresh water needs of the bays and estauries to maintain a high level of marine life productivity. City participation will expedite the program. This third and last year of the project is included in the 1974-75 Water Fund budget. i. That plans and specifications for construction of a parking lot and sidewalk improve- ments adjacent to the Corpus Christi Garden Center be approved and bids be received on October 16, 1974. Plans call for the construction of an 18 -space parking lot plus sidewalks around the Garden Center Building to the street and to the Cullen Junior High School Parking lot. Plans have been approved by the Council of Garden Clubs and the Park Board. It was generally understood when the Garden Club Building was donated to the City that the City would make some improvements around the building. The project will be financed from unallocated Park Trust Fund money. j. That plans and specifications be approved and bids be received on October 16, 1974 for Minor Storm Sewer Improvements for the 1972 Bond Election which will correct six long standing drainage problems. A valley gutter at the intersection of Phillips and Queen Streets, replacement of curb and gutter on Domingo Street near Villareal and on Fifteenth Street between Louisiana and Ohio, and the extension of storm sewers in Stafford Street from Horne Road to Sherman, in Southern Street between 15th and Brownlee and along Naples Street between Vander- bilt and Norton. k. That authority be granted to submit four grant applications to the Environmental Protection Agency through the Texas Water Quality Board for financial assistance to construct sanitary sewer improvements to Broadway, Flour Bluff, Oso and Westside Treatment Plant Systems. It is also recommended that a preliminary timetable be adopted for each project as required by EPA. These applications are being submitted ender the Federal Water Pollution Control Act Amendment of 1972. These systems have high enough priority according to the Texas Water Quality Board rating system to be approved in 1974-75 for financial assistance for step 1 which includes master plan, preliminary project plan, environmental assessment and infiltration study preparation. Hopefully step 2 grants (final plans and specifications) and step 3 grants (construc- tion) will then follow. utes lar Council Meeting eptember 25, 1974 Page 4 I. That a resolution be passed expressing the intent of the City Council not to appoint anyone as an election judge who has not completed an appropriate training program. m. That additional mobile radio units and base stations, authorized in the 1974-75 Budget on the 150 band, be acquired through the Middle Rio Grande Development Council. Relative to Item "e", for employment of an outside audit firm for a performance audit for the Park and Recreation Department, Commissioner Ricardo Gonzalez stated that this appears to be an insinuation that the local firm does not have the expertise to do the work; does not allow the local audit firm to prove itself to be engaged in this type of work; and does not allow them to submit a price. He stated he could not see spending $19,000 as opposed to $16,000 for the City audit, and requested that this item be deferred for the present time. City Manager Townsend explained that this work is not solicited; that it was generally agreed upon by the Council in September of 1973, but the $19,000 figure was somewhat of a surprise. He stated he strongly recommends the audit in cooperation with the International City Management Association and the General Accounting Office. He stated the matter is not critical, but feels the City should proceed to carry out the City's part of this cooperative program. Relative to Item "I" which proposes a resolution expressing the intent of the City Council to require that election judges be certified before being appointed to conduct City elec- tions, Mayor Luby stated he would support the proposal only if it is under the auspices or assist- ance of the League of Women Voters for training and testing. Commissioner Stork suggested that the testing be carried out by one body for the sake of uniformity. Mrs. Edith Coffey, representative of the League of Women Voters, assured the Council that her organization would participate to any extent directed by the City Council. Motion by Acuff, seconded by Lozano and passed, with Ricardo Gonzalez voting "Nay" on Item "e", that the City Manager's Reports, Items "a" through "m" be accepted, and the requests and recommendations be granted, approved and adopted, as presented by the City Manager. City Manager Townsend presented for the Council's consideration a proposed resolution expressing the Council's preference for development of the remaining 38 units of leased public housing at the Carroll Lane Site. Commissioner Stark urged the Council to pass the resolution stating his objective in Sute5..._r_ Regular Council Meeting September 25, 1974;" ?, 4 Page 5 in bringing forth the ordinance was to show preference for the Carroll Lane Site, felt the Council had a right to show a preference, and that HUD in San Antonio is looking to the people for guid- ance in such matters. Mayor Luby agreed with Commissioner Stark, stating it had been his under- standing that the Carroll Lane Site was the approved site when the Council voted to approve a zoning change on property in that area in March of this year to make it available for the Housing Authority. The Council's role in relation to the Housing Authority was discussed. Commissioner Tom Gonzales stated it was his opinion that directions for the Housing Authority should be made directly to them and not through the Council. City Manager Townsend summarized the background involving the zoning matter in the area of the Carroll'Lane Site. He stated the owner of the land had placed before the Planning Commission a plat and requested that the matter be resolved so he can proceed with six or seven units. Mr. Townsend explained that there is an access problem to this site which is subject to the Council's approval.. He pointed out that the Housing Authority Board is appointed by the Council but has the final authority as long as they have HUD approval; that the board had acted and approved The McKenzie Site for 32 public housing units and the Carroll Lane Site for six units, and that the Council could not force the Housing Authority to change its decision. Mr. Townsend stated that it is the staff's opinion that both sites are sound, are inside the City limits, and both meet the requirements of the zoning ordinance with relation to density and environmental impact. Mr. Scott Cook, attorney representing the Greater Northwest Corpus Christi Civic League, spoke endorsing Commissioner Stark's proposed resolution and opposed the proposed site on McKenzie Road. He pointed out that the Housing Authority is appointed by the Council and as elected representatives of the City, the Council should be in a position to make suggestions and recommendations and the Board should be, to a degree, obligated to carry out what is in the best interest of the City. He stated he felt Commissioner Stark's resolution was introduced in that manner, as an expression of their preference in the selection of one of the two sites. Mr. Cook stated he represented over 400 individuals residing in the area of Calallen and Tuloso-Midway School Districts where the McKenzie Site is located, and all felt the environmental impact of this public housing project would be detrimental to the area as well as the entire City. He cited taxing problems, lock of adequate drainage, insufficient bus service, overcrowding of schools and uneven distribution of public housing. He stated the -schools cannot absorb this impact with their Sutes Regular Council Meeting September 25, 1974 Page 6 present tax base. He stated that the Carroll Lane Site is a more advantageous location in that it does not have these same problems. He stated an environmental impact study should have been made, and that a federal suit was a possible alternative to block the project. Dr. Ronald Bartlett, 9818 Wilkins, member of the Tuloso-Midway School Board, spoke in favor of the proposed resolution endorsing the Carroll Lane Site. He stated the school board was on record to this effect. He claimed the public housing project would mean extra costs for the school district with no increase in the tax base. He pointed out that there had been an increase in the total school population this year and these people cannot afford a tax increase. Mr. Charles Bella, architect for Mr. Sam Perkins' housing project on Carroll Lane, described this housing project and its relation to the Housing Authority. He pointed out that this is not a project for the Housing Authority but will be managed by the developer, and have a 5 -year contract with HUD with renewal option for a matching fund program, and will be a taxable project. Mrs. Lorraine Ellis, 10935 Leopard Street, spoke in opposition to Location of the subject housing project on the McKenzie Site. She stated she had 96 more signatures to add to the 400 previously mentioned by Mr. Cook. She stated that her objection was not because she considered welfare bad but because of the environmental impact on the Calallen and Tuloso-Midway community. Mr. Ira I. Hayley, 12033 UpRiver Road, pointed out that the City would have to make various improvements, such as storm sewers, sanitary sewers and street improvements, and question- ed if these improvements can be made now, why have they not been done long ago for the some 22,000 residents of these communities. He stated a large majority of these residents are retired and cannot afford any more taxation; that they moved to this area to avoid congested conditions; and are definitely opposed to the proposed public housing. Mr. Fred Auforth, attorney representing the Calallen School District, stated they are in opposition to the location of any more public housing or trailer parks within this school system primarily because of the tax impact on the already over burdened school system as a result of the Phillips Trailer park where there is no tax return from the occupants. Mrs. James R. Holder, 2518 Countiss, spoke in opposition to additional public housing in the Calalien area, stating that there are drainage problems in this area which have existed for a long time and should be corrected before bringing in more population density. She utes ular Council Meeting eptember 25, 1974 Page 7 invited the Council and Staff to visit the area around the Turkey Creek Bridge following heavy. rains. Mayor Luby asked those in the audience who were opposed to location of the proposed 32 -unit public housing project at the McKenzie Site, to indicatetheir opposition by standing. Seven persons responded indicating opposition. Mr. Romeo Garcia, spoke in favor of the McKenzie Site, stating that they had surveyed the area and there were minor drainage problems but any new project of this type would encounter some problems. He stated he had obtained some facts and figures relative to Tuloso Midway School District's tax base from the Harlan-Barthlomew Study, and found that it was second to the Corpus Christi Independent School District on a student enrollment percentage basis. He gave figures in support of this claim. Mr. E. L. Martin, 2917 East Harrington, stated he owns property five blocks from the proposed McKenzie Site near a track of land designated as a park which has never been developed. He stated there is a major drainage problem at this location with no visible solution. He stated he feels the City should attempt to take care of these problems before bringing in more people. City Manager Townsend explained that the undeveloped park of which Mr. Martin referred is located on the old Highway 9 at Highway Village; that there is a law suit pending between the City and the developers, it is the City's ultimate intention to make some improvements in that area, but explained that it is the developers responsibility to make drainage improvements. Mr. Tony Bonilla, attorney representing the contractor for the McKenzie Site, spoke against the proposed resolution and stated emotional issues had become involved in the question of locating public housing. He pointed out that the Housing Authority has entered into a contract with the developer providing for building this project in that area and based on that contract, have gone to a great deal of expense to get it underway; that he is aware that many people are opposed and have isgned petitions, but commented that it is no problem to get signatures against most any issue in this City; that the overriding criteria should be whether or not the location is good or bad; that it would be a bad precedent and bad policy to dictate to the Housing Authority just because the board has been appointed by the Council. Relative to the other issues regarding drainage, sewage problems and overcrowding schools, he stated if bus service is to be improved, more people in will be needed out in that area; that the drainage problem should be addressed to,4he development of the area showing a need to be met. As to the overcrowding of schools, he stated this complaint "lutes Regular Council Meeting September 25, 1974 Page 8 is heard all over the City when new developments are proposed; that school officials should accept the fact that children must attend school somewhere and they have a responsibility to provide facilities. He stated the main point to be considered is to spread the public housing throughout the City. He commented that the Housing Authority should be in charge of housing and the City • in charge of the City's other needs. Commissioner Stark questioned the statement being made about overcrowding schools, only that 100 students would be added without increasing the tax base. If this is a non -taxing organization, it will not increase the tax base, and this issue should be resolved. A lengthy discussion followed on whether or not the housing projects are profit or non-profit organizations, the HUD laws governing the establishment of subsidized housing, and whether it would be taxable property. Motion by Stark, seconded by Branch that a resolution be brought forward to the effect that the City Council favors the development of the remaining 38 units of leased public housing at the Carroll Lane Site. Mayor Luby and Commissioner Stark voted "Aye", and Commissioners Thomas Gonzales, Ricardo Gonzalez, Acuff, Lozano and Branch, voted "Nay". Mayor Luby declared the motion had failed for lack of affirmative votes. The Resolution is as follows: RESOLUTION NO. 12285 THAT THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI FAVORS THE DEVELOPMENT OF THE REMAINING 38 UNITS OF LEASED PUBLIC HOUSING AT THE CARROLL LANE SITE AS THE SITE OFFERS SUCH AMENITIES AS: (a) NEARBY SHOPPING FACILITIES; (b) HAS A BUS ROUTE WITH 30 -MINUTE HEADWAY; (c) IS IN CLOSE PROXIMITY TO PUBLIC SCHOOLS; (d) HAS A LOW INCIDENCE OF PROVERTY; (e) IS NEAR AREAS OF EMPLOYMENT; (f) GENERALLY MEETS HUD CRITERIA FOR SITE SELECTION. The foregoing resolution failed to pass by the following vote: Luby and Stark voting "Aye"; Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, voting "Nay". Mayor Luby called to City Secretary Read's attention that he had been erroneously recorded as having voted "Aye" on Ordinance No. 12265, and that he would sign the ordinance when this error is corrected. Mr. Read stated the record would be checked and corrected if an error had been mode. City Manager Townsend presented the following recommendation to amend the OCL Water Policy, before its third and final reading: 1. Add to the caption of the ordinance, before the severability clause, the penalty provision, reading "PROVIDING FOR PENALTY", and adding as Section 3 of the ordinance the following: •utes Regular Council Meeting September 25, 1974 Page 9 "SECTION 3. Any person, firm or corporation violating the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in a sum not to exceed Two Hundred Dollars ($200.00)." 2. Renumber the present Section 3 of Section 4 and the present Section 4 as Section 5. Motion by Acuff, seconded by Lozano and passed, that the Ordinance amending the OCL Water Policy to eliminate the platting requirement for property outside the City limits which is in excess of five acres and which is devoted to uses connected to the Port of Corpus Christi, read on the first two of three readings on September 11, 1974, be amended prior to the third and final reading as recommended. ORDINANCE NO. 12281 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY REPEAL OF ARTICLE XI, EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (CORPUS CHRISTI CUMULATIVE SUPPLEMENT) OF CHAPTER 38 OF SAID CODE AND ORDAINING IN LIEU THEREOF A NEW ARTICLE XI, EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (O.C.L.); REQUIRING PLATTING OF PROPERTY TO BE SERVED O.C.L.; PROVIDING FOR CONTRACT OF ANNEXATION AS PRE- REQUISITE, WITH SPECIAL CONDITIONS FOR TRACT IN EXCESS OF FIVE (5) ACRES DEVOTED TO PORT OF CORPUS CHRISTI CARGO GENERATION OR DISTRIBUTION AND FOR TRACT DEVOTED TO AGRICULTURAL USE ONLY; REQUIRING COUNCIL APPROVAL OF ALL SUCH CONTRACTS; PROVIDING WATER SERVICE TO O.C.L. AREAS FROM MAINS EXISTING AS OF FEBRUARY 16, 1972, TO PROPERTY PLATTED AS OF THAT DATE; PROVIDING SPECIAL CONDI- TIONS IN CERTAIN AREAS; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally, as amended, by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". City Manager Townsend presented the following recommendation to amend the Platting Ordinance: 1. Delete the last sentence of Section I - GENERAL of Section 1 of the said ordinance. 2. Add Secion I -A. EXCEPTIONS, reading as follows: "SECTION I -A. EXCEPTIONS There shall be excepted from the requirements of this ordinance: (1) Any conveyance transferring any land or interest in land to or from any govern- mental entity. (2) Tracts of land consisting of five (5) acres or more, which are accumulations under one ownership, of existing platted or unplatted lots, blocks or tracts and are principally devoted to the direct production, manufacture, processing or distribution of cargo 411ktes lar Council Meeting eptember25, 1974 Page 10 shipped or to be shipped through the Port of Corpus Christi. Motion by Acuff, seconded by Stark and passed, that the ordinance amending the Platting Ordinance so as to eliminate the platting requirement for property outside the City limits which is in excess of five acres and which is devoted to uses connected with the Port of Corpus Christi, read on the first two of three readings on September 11, 1974 and September 18, 1974, be amended prior to the third and final reading as recommended by City Manager Townsend. ORDINANCE NO. 12282 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, AS AMENDED, GENERALLY KNOWN AS THE PLATTING ORDINANCE, BY AMENDING SECTION I THEREOF BY DELETING THEREFROM THE LAST SENTENCE OF SAID SECION I - GENERAL; BY ADDING A NEW SECTION DESIGNATED "SECTION I -A. EXCEPTIONS" SO AS TO PROVIDE EXCEP- TIONS WITH RESPECT TO TRACTS OF LAND CONVEYED TO OR BY ANY GOVERNMENTAL ENTITY, TRACTS OF FIVE (5) ACRES OR MORE DEVOTED TO PORT OF CORPUS CHRISTI CARGO GENERATION OR DISTRIBUTION; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed finally, as amended, by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". On request of Mayor Luby, the following ordinances were presented and considered on a three reading basis: FIRST READING OF AN ORDINANCE REPEALING ORDINANCE NO. 11964 WHICH CONTAINED AN ERRONEOUS DESCRIPTION; CLOSING AND ABANDONING THE 10 -FOOT EASEMENT IN LOTS 3, 6 AND 7, BLOCK 6, FALLINS RIVERSIDE SUBDIVISION SUBJECT TO THE DEDICATION OF AN ALTERNATE EASEMENT BY PLATTING; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SOUTH TEXAS SPEECH, HEARING AND LANGUAGE CENTER, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A CONTRAC- TUAL AGREEMENT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY OF CORPUS CHRISTI FOR THE CONTINUATION OF A COOPERATIVE ESTUARINE INVESTIGATION PROGRAM BEING CARRIED OUT IN CORPUS CHRISTI BAY, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. •nutes Regular Council Meeting September 25, 1974 Page 11 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF A RESOLUTION EXPRESSING THE COUNCIL'S INTENT NOT TO APPROVE ANYONE AS AN ELECTION JUDGE OR ALTERNATE WHO HAS NOT COMPLETED AN APPRO- PRIATE TRAINING COURSE, UNDER THE AUSPICES OR ASSISTANCE OF THE LEAGUE OF WOMEN VOTERS. The foregoing resolution was read for the first time and passed to its second reading by the following vote: Luby Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 12284 AUTHORIZING THE FILING OF FOUR (4) GRANT APPLICATIONS FOR FEDERAL FINANCIAL ASSISTANCE UNDER THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENT OF 1972, PUBLIC LAW NO. 92-500, AND THE RULES AND REGULATIONS PURSUANT THERETO, SAID PROJECTS BEING AS FOLLOWS: 1. BROADWAY TREATMENT PLANT SYSTEM, WPC #T-187 2. FLOUR BLUFF SYSTEM, WPC #T-186 3. 050 TREATMENT PLANT SYSTEM, WPC #T-185 4. WESTSIDE TREATMENT PLANT SYSTEM, WPC #T-188 DESIGNATING THE CITY MANAGER, R. MARVIN TOWNSEND, OR HIS SUCCESSOR, AS THE AUTHORIZED REPRESENTATIVE, AUTHORIZING HIM TO SIGN SAID GRANT APPLICATIONS, THE ACCEPTANCE OF THE GRANTS WHEN MADE, AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 12283 ADOPTING A PRELIMINARY PROJECT SCHEDULE IN CONNECTION WITH EACH OF THE FOUR SANITARY SEWER PROJECTS AS FOLLOWS: 1. BROADWAY TREATMENT PLANT SYSTEM, WPC #T-187 2. FLOUR BLUFF SYSTEM, WPC #T-186 3. OSO TREATMENT PLANT SYSTEM, WPC #T-185 4. WESTSIDE TREATMENT PLANT SYSTEM, WPC #T-188 A COPY OF EACH SCHEDULE BEING ATTACHED HERETO, MARKED RESPECTIVELY, EXHIBITS "A", "8", "C" AND "D", AND MADE A PART HEREOF, SAID PROJECT SCHEDULES BEING REQUIRED IN CONNECTION WITH THE SUBMISSION OF GRANT APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER THE FEDERAL WATER POLLUTION CONTROL ACT AMEND- MENT OF 1972, PUBLIC LAW NO. 92-500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". •tes Regular Council Meeting September25, 1974 Page 12 FIRST READING OF AN ORDINANCE CLOSING PORTIONS OF SOUTH STAPLES STREET RIGHT OF WAY, MORE FULLY DESCRIBED HEREINAFTER; AUTHORIZING THE CITY MANAGER TO EXECUTE QUITCLAIM DEEDS TO THE OWNERS OF PROPERTY ABUTTING SAID PORTIONS OF SOUTH STAPLES STREET HEREBY CLOSED; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE CHANGING THE NAME OF SAN JOSE DRIVE, BETWEEN CIMMARON DRIVE AND ROYALTON DRIVE, IN COUNTRY CLUB ESTATES, UNIT 15 TO SUGAR CREEK DRIVE; AND CHANGING THE NAME OF CIMMARON DRIVE IN COUNTRY CLUB ESTATES UNIT 15, TO LOST CREEK DRIVE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE 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 ORDI- NANCE NO. 6106, AS AMENDED, UPON APPLICATION OF REYES CASTILLO BY AMEND- ING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 6, BLOCK 27, MEADOW PARK ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI- NANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE 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 ORDI- NANCE NO. 6106, AS AMENDED, UPON APPLICATION OF E. MICHAEL HARDING BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 19.577 -ACRE TRACT OF LAND OUT OF THE W. B. AND ATLEE MC CAMPBELL LANDS AND BEING A PART OF SECTION 8, RANGE VII, OF THE H. L. KINNEY SECTIONIZED LANDS OF VILLEREAL GRANT SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM ' "1-2" LIGHT INDUSTRIAL DISTRICT TO "13-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". mutes 1 Regular Council Meeting September 25, 1974 Page 13 FIRST READING OF AN ORDINANCE 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 ORDI- NANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SEYMOUR MENDELL BY AMEND-. ING THE ZONING MAP BY CHANGING THE ZONING ON A 3 -ACRE TRACT OF LAND OUT OF LOTS 17 & 18, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT AND CHANGING THE ZONING ON A 7 -ACRE TRACT OF LAND OUT OF LOTS 17 & 18, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVI- SIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Motion by Acuff, seconded by Branch and passed, that the Council consider the scheduled public hearings at this time, City Manager Townsend presented the proposal for contractual annexation of 23.15 acres of land located between Highway #181 and Canal A. He explained that the developer, Nueces Bay Development Company, Inc., also owns 9.74 acres which are already in the City between the highwqy and the property to be annexed. In connectier3_iith the foregoing contractual annexation proposal, Mr. Townsend presented Zoning Application #974-5, Nueces Bay Development Co., Inc. for change of zoning from "AT" Apartment -Tourist District to "B-4" General Business District on approximately 3.05 acres out of the former W. E. Pope Estate Tract (metes and bounds description on file in the City Current Planning Office), located at the north end of the Corpus Christi Beach fronting approxi- mately 770' along the west side of U.S. Highway #181 for a depth approximately 130', at the south approach of the Nueces Bay Causeway. Also, Mr. Townsend presented a proposed Text Amendment, Article 31, Newly Annexed Territory, Section 31-5, by adding two new subsections to be designated as 31-5.11 to prezone a 7.39 -acre area for "AT" and 31-5.12 to prezone a 15.76 -acre area for "B-4" (metes and bounds description on file in the City Current Planning Office). Mr. Townsend stated the zoning application and the proposed Text Amendment had been heard by the Planning Commission on September 24, 1974, and both the Commission and the Planning Staff recorded favorable action on both the Zoning request and the proposed Text Amendment. minutes Regular Council Meeting September 25, 1974 Page 14 Larry Wenger, Chief Planner, pointed out the location of the property on the map and described the zoning uses in the surrounding area. No one appeared in opposition to the foregoing contractual annexation, zoning request for "13-4" General Business District, and Text Amendment. Motion by Acuff, seconded by Lozano and passed, that the hearings be closed. Motion by Lozano, seconded by Acuff and passed, that the recommendation of the staff and the Planning Commission be concurred in as follows: (1) That 23.15 acres of land located between Highway #181 and Canal A, be contrac- tually annexed to the City and an ordinance be brought forward. (2) That Application #974-5, Nueces Bay Development Co., Inc. for change of zoning from "AT" Apartment -Tourist District to "B-4" General Business District on approximately 3.05 acres out of the former W. E. Pope Estate Tract (metes and bounds) description on file in the City Current Planning Office), located at the north end of Corpus Christi Beach fronting approximately 770' along the west side of U.S. Highway #181 for a depth of approximately 130', at the south approach of the Nueces Bay Causeway, be approved, and an ordinance be brought forward effec- tuating the change. (3) That the Text to the Zoning Ordinance be amended by amending Article 31, Newly Annexed Territory, Section 31-5, by adding two new subsections to be designated as 31-5.11 to prezone a 7.39 -acre area for "AT" and amend 31-5.12 to prezone a 15.76 -acre area for "B-4", and an ordinance be brought forward effectuating this action. Mayor Luby announced the recessed public hearing from August 28, 1974 on Application #C674-4, City of Corpus Christi. City Manager presented the request of the City of Corpus Christi for change of zoning from "R -1B" One -family Dwelling District and "T-1" Travel Trailer Park, Mobile Home Park & Mobile Home Subdivision District to "1-2" Light Industrial District on Lots 6, 11, 12, 13, 14, 20, 21 and 22, Section 47; portions of Lots 2 thru 8, Section 56; all out of Flour Bluff & Encinal Farm & Garden Tracts; and Lot 1, Block 1, Skipper Addition, located adjacent to the Naval Air Station and north of Skipper Lane approximately 1200' east of N.A.S. Drive. The application was heard by the Planning Commission June 18, 1974, and forwarded to the Council with the recommendation that it be denied and the City consider other alternatives for the purpose intended (to protect the Navy) that would solve the problems. It was the staff's opinion that the surrounding land uses Sutes • Regular Council Meeting September 25, 1974 Page 15 need to be compatible with the Naval Air Station and Waldron Field, and it is their recommenda- tion that this zoning be approved as submitted. He reported that two letters had been received since the August 28 hearing in opposition, one in favor, and that the 20 percent rule is in effect. Chief Planner Larry Wenger pointed out the location of the property on the map and described the land uses in the surrounding area. He explained that the subject property is bounded on the north by the Naval Air Station Main Base, with scattered single-family residences, apart- ments and duplexes to the east, south and west, and there are many vacant properties throughout the general area. Mr. Dave Coover, attorney, spoke representing himself as the owner of property at 401 Military Drive and owners of extensive areas of land in this area. He emphasized that his clients are not opposing the Navy and its needs, but in his opinion, since the Navy needs the land, the City should accommodate them and buy it and let the entire City pay for it rather than penalize only the owners of land around the base by this means of devaluating the property by down -zoning. He stated it is beyond reasoning to be led to believe that the proposed industrial or farm -rural zoning would increase the economic use of this land; that would in fact downgrade it, would be confiscatory, un-American and government subterfuge. He questioned the reasoning of the staff and the basis for its recommendation that the zoning be approved as good land use planning. He stated that, to his knowledge, there had not been a statement in writing from the Navy indicating that the existing land uses and potential developments around the airfields would endanger the longevity of the Navy's stay in Corpus Christi. Mr. Coover pointed out that there is already an abundance of "1-2" zoned land in the area, and the demand for land for industrial purposes in this area had been on the decrease for the last ten years. He stated the City Staff should be honest and say that this is being attempted to accommodate the. Navy and termed the measure as harrass- ment of the property owners; that there had been a good relationship between the Navy and Flour Bluff residents up to this time and these people knew about the noise and had not complained. Mr. Coover's point was that zoning is not a proper tool to be used for acquisition of land to accommodate another governmental agency, and the owners should either be allowed to use and develop their land to its best use or they should be compensated for it. Mr. Jon Held, developer, stated that he owns considerable "I-2" land in this area and had had no offer to purchase it for this use. Mrs. Vera Dunn Buchanan, stated she owns 20 acres of land on Greenbay Drive, and •ueS 1 Regular Council Meeting September 25, 1974 Page 16 was concerned that if the zoning is approved for industrial use it will decrease the property value. Mr. C. B. Nelson, 810 Military Drive, stated he owns properly at this address, has lived there for 27 years, and has never been concerned or complained about the Navy's operations or noise. He also stated he was opposed to the "1-2" zoning for its effect on his and other residential properties; that his land is not included in this zoning request but the adjacent land immediately to the rear of his property is involved. Mr. David May, real estate broker, stated he had invested a greater part of his life savings in the 60 -acre tract, and did not believe he could sell any of this land if zoned "1-2" because of lack of demand. He stated his land had not been developed because he could not get financing. He concurred with Mr. Coover's statement that the proposed zoning is being used as a tool to take property, is confiscation without compensation, and the City should be honest and say it is being taken for the Navy. He stated he felt the best use for this land would be for a mobile home park; that there are good business possibilities for making the land useful for retired military personnel who like to stay near the Military hospital and other naval facilities, and if the City is interested in his land he is "open for a deal." He stated one -acre tracts and mobile home zoning would be a fair compromise, otherwise with the proposed "1-2" zoning, he will continue to pay taxes so the Navy can fly over his land. Mr. Delbert Bowen, realtor, pointed out the good relationship this City has always hod with the Navy and many of the Navy's retirees are now living here and are good citizens interested in this City's affairs. Mr. Bowen stated that the City had annexed many areas which should not have been annexed, that it has increased taxes without the utility services needed for proper development, and pointed out that these areas had deteriorated. He complained that the zoning restrictions in the City have made it very hard on the small developer and that most cannot survive under this system; that CorpusChristi is blessed with many natural resources but is not grow- ing as it should under this system and he is concerned about Corpus Christi's future. He stated he could not see zoning proposed properties "1-2" because of the excess industrial zoned property already in the City, and also that "1-2" has no place in an undeveloped area but should be where there is greater density. He stated the proposed zoning change would be confiscation without compensation. Mrs. Renshaw, representative of the League of Women Voters, stated she is in support of the Council's efforts to limit development around the Navy Airfields. She stated she felt the 4/lutes Regular Council Meeting September 25, 1974 Page 17 land in this vicinity should be researched for use as a wild life sanctuary or other such uses. Comdr. Witkowski stated the Navy supports the need for compatible development around the three Navy Airfields; that it had been the Navy's experience that high residential development is not compatible with Navy operations, and that FHA will not guarantee mortgages in these areas. He stated the Navy had never obtained any money through Congress to purchase land in this area; that he is not aware of any statement of the Navy to the effect that it would have to have the proposed zoning or would move out of the City, the Navy is in no way threatening, stated that as the area shrinks it becomes necessary for the government to determine which base must be closed, the noise would not 6e the only factor, but would certainly be a consideration. Mayor Luby stated he felt the Naval Air Station should be considered an industrial site, I and if the land is taken, the City and citizens should compensate for its loss; also stated he respects the Navy and would encourage them to stay here, but has a strong feeling that the people who own the land should have priority to it. He asked Comdr. Witkowski to give his immediate supervisor the message that the City of Corpus Christi is very anxious to keep the Navy. Comdr. Witkowski stated the Navy recognizes high noise areas as being industrial areas, and they themselves limit residential housing on the base and zoning is effected by that principal. He stated that speaking for himself and also for the Navy, they would prefer zoning which would allow one unit per acre, but that each of the three airfields are different and the one -acre tracts would not apply to each in the same manner. Ms. Carolyn Arnim Tinker inquired as to how many persons had complained about the noise. Comdr. J. A. Witkowski stated he had very few complaints from the Flour Bluff Area, including Waldron Field, some from Cabaniss area, but mostly from the Country Club residents between Weber Road and Everhart and along Saratoga and Congress Place. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Acuff that the Council table action on the northeast portion of the area and consider the proposed zoning on the other portion along Laguna Madre. Mr. David May suggested that the Council face the issue as to whether or not they are going to "acquire the land by zoning," that to table will only further tie up the use of the land; that the basic issue is can the City zone the land and take away the value, and if that is the will of the Council, action should be taken so the matter can be taken to court without further delay. Mr. May stated that before he acquired this land he had consulted the Planning Staff as to his Stes lar Council Meeting September 25, 1974 Page 18 plan for a mobile home development, and he was advised that he would have no difficulty in obtaining this zoning in Flour Bluff, but when he made the application it took him two years to get the zoning. Commissioner Ricardo Gonzalez commented that he supports the needs of the Navy, but felt that the issue is whether the City is going to compensate the land owners for losses in value of the land, and agreed that a timetable should be set for action. Mr. Bill Cockrill stated that Flour Bluff had not developed because the City had not extended sewer facilities. He stated he had been promised sewers for twelve years. Sister Mary Bernadette of Poor Clair Nuns (Lot 22, Section 51, 715 Yorktown Boulevard) asked that Waldron Field not be considered. She stated she had in her hand a bill covering charges for cleaning the sewer which should have been done by the City. She questioned who initiated the zoning proposal since the Navy has stated they did not ask for it. Mr. Fred Auforth, 3318 South Alameda, attorney representing the owner of a large area (Jon Held), suggested that a provision be inserted into deeds, and have the grantee acknowledge, that he is buying the land in a noisy area. He stated this had been done successfully in other areas where the owner of the land is willing to forego certain rights contingent upon him being given platting and he sees no reason why this reasonable requirement cannot be invoked. City Manager Townsend stated he is aware of no way that deed restrictions can be imposed with this provision. Mr. Ed Prichard, attorney representing owners of property involved in Application #C674-11 (Cabaniss Field Area), stated the discussions up to this point have been of generalities and should be confined to specific areas to enable him to speak and say what he came to say. Commissioner Ricardo Gonzalez suggested that Mayor Pro Tem Acuff's motion be amended to specify a timetable of 60 days. Mayor Pro Tem Acuff withdrew the motion to table. Motion by Stark, seconded by Ricardo Gonzalez and passed, with Acuff voting "Nay" and Luby abstaining, that the recommendation of the Planning Commission be concurred in and Application #C674-4, City of Corpus Christi, be denied and the City consider other alternatives for the purpose intended (to protect the Navy) that would solve the problems. City Manager Townsend presented Application #C674-5, City of Corpus Christi, for change of zoning from One-family Dwelling District and "A-1" Apartment House District, to "F-R" Farm-Rural District on Lots 13 thru 24, and Lot 32, Section 39; Lot 22, Section 51; Minutes Regular Council Meeting September 25, 1974' Page 19 Lot 1 thru 6, 15, 16 and 17, Section 52; Lots 28 thru 30, Section 53; all out of Flour Bluff & Encinal Farm & Garden Tracts; Lot 1 and Lots 5 thru 8, Yorkwald Acres, located adjacent to the east, south and west of Waldron Field. The application was heard by the Planning Commission June 18, 1974, tabled, and on July 9, 1974 recommended that it be forwarded to the Council with the recommendation that the request be denied and the City consider other alternatives for the purpose intended (to protect the Navy) that would solve the problems. It was the Planning Staff's opinion that the surrounding land uses need to be compatible with the Naval Air Station and Waldron Field, and it is their recommendation that this zoning be approved as submitted. Mr. Townsend repotted that four letters had been received since the Commission hearing in favor and fifteen in opposition, Mr. John Brooke, attorney representing the Poor Claire Nuns (Lot 22, Section 51), spoke in opposition to the requested change to "F -R" Farm -Rural District. He pointed out that several years ago the Navy decided to acquire property around Waldron Field and purchased an easement across the corner of this tract, and at that time the question came up as to the danger and noise from the Airfield. He stated his clients voluntarily deed restricted. He stated that the concept was that this was going to be a park area and deed restricted so if ever developed it would be opt of danger. Comdr. Witkowski stated that at the California base, they have included a disclosure clause in the bill of sale to the effect that the purchaser is made aware and acknowledges that there arenoise leygls in the area. Mr. Jon Held stated he would accept "1-2" on the 20 acres immediately adjoining Waldron Field at the end of the runway. Capt. Frank Stephens, 1733 Caribbean, stated he was definitely for the Navy and aware of its importance to the City, but felt the land owners in Flour Bluff should have been consulted about the zoning plan. He stated he was in agreement with the statement made by the Chairman of the Planning Commission that these problems cannot be resolved with such tools as eminent domain and zoning, because zoning is only as permanent as the City administration. Also, he stated the Council should consider the suggestions made by Chairman Cartwright on how zoning and other attempts to protect the Navy and the property owner can be accomplished. He stated if the zoning application is granted the property values will be definitely decreased and questioned the expertise and competency of the Planning Staff who recommended otherwise. "lutes • Regular Council Meeting September 25, 1974 Page 20 Mr. Coover stated he concurred with Capt. Stephens that the statements made by Mr. Cartwright should be considered. Mr. Dave Coover stated he represented property owners in this area and reiterated his objections as stated in the previous request concerning property around Cabaniss Field. He pointed out that his clients had purchased this land for cattle raising purposes and that "F-R" was what they wanted at that time, but that there would be no economic use of the land zoned either "F-R" or "1-2". He also stated that a potential buyer for the 40 acres owned by one of his clients had been practically sold shortly before this zoning was proposed but in view of the expressed attitude of the City, it was turned down. He questioned the Planning Staff's intellect for making a recommendation that "F-R" would enhance the value of this land, and stated this should be investigated. He stated this is valuable land and the owners want to sell it, have been paying $15 per acre in taxes, there is no way this can be continued on "F-R" zoning uses, and the owners are entitled to compensation either from the City or the Navy. Mr. Fred Auforth stated he did not approve of the critical approach of Mr. Coover leveled at the staff and members of the Council, but did concur with his other statements that property values would be decreased. He stated his client would have no objections to the proposed "R-E" Residential Estates classification provided it is specified in the ordinance that certain platting requirements would not be compatible or economically feasible with the "R-E" uses. He stated he felt everyone is working for common goal and that goal is the City working together with the Navy, and this is no time to take opposing positions with each other. Mr. Auforth stated he had high regard for Mr. Cartwright and the presentation he made at the Planning Commission Meeting of July 9, 1974. Mr. Al Gonzalez, Dallas, Texas, stated he owns property at the south runway of Cabaniss Field which land has been in his family for 50 years; that the property has been dormant, taxes have been high, and he Feels the City is now using the zoning as a disguise, and he is opposed to the proposal. Mr. C. F. Roscher, 4040 Schanen Boulevard, stated he owned property in this area which was purchased in 1911, had been paying taxes on it, he had not built a $40,000 home on it because Roscher Road was not built in order For him to have access to his property, that it was stated that it could not be built because it would only benefit one person. Hestated he had not complained about the noise from the airfields, commented that planes will continue to fly over the Sutes Regular Council Meeting September 25, 1974 Page 21 land even if it is rezoned, and all he wants now is to be left alone and have this road extended to his property. Mrs. Eli Materne, 325 Ohio, stated she owns property in this area; had never complained of noise from the airfields, felt the proposed zoning would be detrimental to the residences already in the area, and does not feel the taxpayers should be penalized. Mr. John Nicholson, 221 Oak Ridge, stated he had owned his property for six years; was formerly in the Navy and associated with Waldron Field. He stated some of the runways are not being used, are closed, in bad condition and the Navy cannot afford to repair them. He stated he was opposed to the proposed "F -R" zoning ?or reasons already stated. Comdr. Witkowski pointed out the active and inactive runways. He stated that most of Waldron Field is active and is presently being used for basic training of the T-28 program. Mr. John Brooke, attorney stated he was representing himself in this case as owner of land in the area at the end of south runway, and also property which adjoins land involved in the zoning request. He stated he was opposed to the proposal to zone "F -R", that he is not familiar with the one -acre or "R -E" Residential Estates classification, generally concurs with statements made by Mr. Coover, but did not concur with statements of criticism of members of the Council and Planning Staff. He stated he was familiar with the activities of the Naval Air Station as his father had owned this property there during World War II, and he had purchased his property in the early part of 1960. He stated that the Main Base had been active all along but that Waldron Field had not. He pointed out that developments had been going on around the airfields since the Bose was established and nothing had been done. He stated he felt the Council is being misled into thinking that people are moving in on the Navy, but much of the development had taken place while the Navy was dormant; that his property was zoned "R -1B" but had not been developed because the City has not provided sewer facilities; that the proposed zoning would decrease the City's tax base, and he was opposed because it constituted the taking of property without compensation. Mr. Roy T. Rouse, Lot 15, Section 39, stated he had never complained about the noise from the Naval Base, and had paid taxes for 40 years. He stated there had not been more develop- ment because the City had not extended the sewer facilities and there is nothing to develop the land for. Ms. Carolyn Arnim Tinker spoke in opposition to this proposed change to "F -R" Rural •tes Regular Council Meeting. September 25, 1974 Page 22 District, and stated her property would be for sale to Mr. Held in about five years. Commissioner Stark commented that he did not consider the derogatory remarks aimed at the City Staff appropriate at this hearing since the Chief Planner is working at the direction of the City Council, and felt an apology was in order. Mr. Coover commented that it does make a difference "whose pockets are being picked and whose toes are being treaded upon, but for what it is worth, would apologize for inappropriate remarks." He stated this does not change anything and there were some statements which were uncalled for by the City Staff. Mr. Held stated he was aware that the staff is working with the only tools available. He further stated that he felt a very fine neighborhood could be established compatible with the Navy and that he would accept' "1-2" on the 20 acres at the end of the runway. Motion by Stark, seconded by Branch and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and Application #C674-5, City of Corpus Christi, for change of zoning on property located adjacent to the east, south and west of Waldron Field, be denied, and the City consider other alternatives for the purpose intended (to protect the Navy) that would solve the problems. Mayor Pro Tem Acuff commented that he voted with the Council on the foregoing Application not because of Mr. Coover's opposition, but because of Mr. Held's one-acre approach which he felt would solve most of the problems. City Manager Townsend presented Application 0474-11, City of Corpus Christi, for change of zoning from "R-1B" One-family Dwelling District to "1-2" Light Industrial District on the following: Tract A, a 43.47 acre portion of Lots 3 and 4, Section 7; Tract B, a portion of Lots 5 and 6, and all of Lots 3 and 4, Section 8, and Lot 5, Section 9; Tract C, a 13.0 acre portion of Lot 8, Section 12; and Tract D, a 70.46 acre portion of Lots 1 and 2, Section 13, all in Bohemian Colony Lands located north and east of Cabaniss Field along Saratoga Boulevard. The request was heard by the Planning Commission April 16, 1974 and on July 9, forwarded to the Council with the recommendation that it be denied and that the City consider other alternatives for the purpose intended (to protect the Navy) that would solve the problem. The staff's opinion was that "1-2" is a more compatible and proper use adjacent to Cabaniss Field's touch-and-go practice as well as adjacent to the International Airport. Mr. Townsend reported that since the recessed hearing of August 28, two letters had been received in opposition and one in favor. He Minutes Regular Council Meeting September 25, 1974 Page 23 stated the 20 percent rule is in effect. Mr. Ed Prichard, attorney representing property owners in the area, spoke in opposition pointing out that there is an abundance of "1-2" zoning surrounding this 126 acres proposed to be zoned "1-2"; his clients purchased their property in 1961 and have been paying taxes on it since that time; that they do not know at this time, nor should they be expected to know, what use will be best for the area and their property; that one thing that is sure, is that if the entire area is zoned "1-2" to protect and keep the Navy in Corpus Christi, it will always remain "1-2". He stated there is no reason to think all this area will be developed "1-2", even though some may in the future develop the property as "1-2". He contended that if the land is to be taken for the Navy's use then it should be taken by due process of law and not by way of downgrading by zoning. He pointed out that the Council and staff would be astonished if he presented an applica- tion to zone 120 acres for Light Industry. He explained that the Navy is not complaining and the people in the area are not complaining; also pointed out that this would be a change in the Master Plan which is not supposed to be changed until a change in conditions are shown; that there has been no change, this field was there when the Master Plan was adopted; and they are not protest- ing anything but the zoning. Mr. Ed Barker, attorney representing Mrs. Paul Snyder who owns 100 acres involved in this application, stated the issue should be whether or not "1-2" is good zoning; that he concurred in statements mode by Mr. Coover relative to eminent domain and condemnation, but the subject proposal is, in reality, an uncompensated method of taking property, and was sure if the matter were taken into the courts it would be defeated but would be very expensive. Mr. Al Kucera, owner of property in the area, stated that some 10 years ago his property was zoned "1-2"; at that time residences or apartments were permitted; the Council passed an ordinance prohibiting residences in "1-2", and the proposed change does not affect his property. He stated he is opposed to this method of zoning because it amounts to confiscation without compensation. He pointed out that the Navy sold a portion of Cabaniss Field and at that time they did not prohibit or deed restrict those residences or apartment houses for residential occupancy, and these are still being used for residential. Mr. Kucera stated he agreed with Mr. Coover that public relations with the Navy have been deteriorating and will continue to do so under present conditions. He further stated that under the "1-2" zoning he could develop his property into lots and sell them as "1-2"; that mobile homes can be moved in on the lots and the same conditions •tes Regular Council Meeting September 25, 1974 Page 24 • now being complained of will still exist. Mr. Dave Coover spoke representing the owner of 80 acres in this area, stated his clients had tried for the last 18 years to have industry on this land with no success. On behalf of his clients, he stated he was strongly opposed to the proposed "1-2" zoning on this property, would agree with Mr. Prichard's statements, and apply to this case his previous statements. Mrs. Bruce Collins, Jr., iealtor, spoke in opposition stating she is in the process of trying to sell Mrs. Paul Snyder's property and felt this effort on the part of the City to re -zone the property to "1-2" would make it more difficult to sell. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Ricordo Gonzalez, seconded by Lozano and passed, Acuff voting "Nay" that the recommendation of the Planning Commission be concurred in and Application #C474-11, City of Corpus Christi, for change of zoning from "R -1B" to "1-2" on four tracts of land in Bohemian Colony Lands located north and east of Cabaniss Field along Saratoga Boulevard, be denied, and the City consider other alternatives for the purpose intended (to protect the Navy) that would solve the problem. There being no further business to come before the Council, motion by Acuff and passed, that the Regular Meeting and recessed hearings be adjourned at 8:36 p.m., September 25, 1974. 1, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the the period September 4, 1974 to September 25, 1974, inclusive, and having been previously approved by Council action, are by me hereby approved. JAS ` 1 , Mayor City of Corpus Christi, Texas