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HomeMy WebLinkAboutMinutes City Council - 01/29/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 29, 1985 2:00 P.M. Present: Mayor Luther Jones *Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero **Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin Assistant City Attorney Melene Dodson Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member David Berlanga, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. Council Member Mendez made a motion that the minutes of the Regular Council Meeting of January 22, 1985 be approved as presented, seconded by Council Member Leo Guerrero and passed unanimously. *Mayor Pro Tem Turner arrived at 2:04 p.m. A motion was made by Council Member Berlanga that the Regular Meeting be recessed in order to convene the meeting of the Corpus Christi Industrial Development Corporation, seconded by Council Member Brown and passed unanimously. * * * * * * * * * * * * Mayor Jones reconvenned the Regular Council Meeting at 2:18 p.m. and called for consideration of the Consent Motions. 1. Approval of specifications and authorization to receive bids February 20, 1985, for approximately forty-two pickup trucks and vans for various departments (nine compact pickups; twenty '-ton pickups; two 3/4 -ton pickups; one 1 -ton pickup; and ten vans). These items are included in the 1984-85 Capital Outlay Budget. Estimated expenditure is $391,550. MICROFILMED Minutes Regular Council Meeting January 29, 1985 Page 2 2. Authorizing the City Manager or his designee to submit: a. An application to the National Endowment for the Arts for matching funds in the amount of $15,000 for the third and final year (FY 1985-66) of the City Arts program initiated in 1983; and, b. An application to the Texas Commission on the Arts for matching funds in the amount of $10,000 for the first year (FY 1985-861 of the Challenge Grant for Local Art Agencies. Both grants would be used to expand the City's support of performing arts and would utilize the Municipal Arts Commission to review and recommend programs to the City Council for future funding. *3. Approving Airport Use Agreement with MAC Services for aircraft loading and unloading, cleaning and minor maintenance at the Airport. The agreement will be for one year and lessee shall pay the City $450 per month or 3% of gross monthly revenues, whichever is greater. 4. Plans and specifications for Los Encinos Park Improvements be approved and bids be received on February 20, 1985. Sidewalks, a gazebo, picnic tables and barbeque pits are proposed in the park which are being funded through the Community Development Block Grant Program. City Manager Martin stated that consent motion 3 had been withdrawn. In regard to item 2, NEA CityArts Program and the Arts Challenge Grant, City Manager Martin informed the Council that the City is required to match the funds ($25,000 for each grant) if the two grants are awarded, and that the CityArts Progarm is in its final year, and it is the first year for the Arts Challenge Grant. Council Member McComb inquired if the City would be informed of the grant awards prior to preparation of the budget, and Assistant City Manager Tom Utter stated that more than likely it would be after budget preparation. Mayor Jones stated that this program allows smaller cities to obtain the grants. **Council Member Kennedy arrived during the the foregoing discussion. Speaking in regard to item 4, Los Encinos Park Improvements, Mayor Jones inquired as to the amount of funds that have already been spent on Los Encinos Park. Mr. Utter informed the Council that a total of $175,000 has been spent; $85,000 from Community Development Block Grant Funds and $90,000 from Revenue Sharing funds and bonds. Council Member Berlanga pointed out that the drainge in this area is very poor, and Assistant City Manager James K. Lontos stated that the area is naturally low; a storm sewer was placed in the area; grading has been performed over the years; and stated that the matter would be investigated further to determine what can be done at this stage. *Withdrawn 'nutes 2gular Council Meeting January 29, 1985 Page 3 Council Member Welder Brown stated that the drainage ditches are cleaned periodically, and possibly the dirt removed from the ditches could be used to raise the level of the park. Mr. Lontos stated that this would possibly help the situation, and informed the Council that the dirt from the ditches is usually given to property owners in the area if they so request. Mr. Martin pointed out that the City would have to be cautious in raising the level of the park, in order that the adjacent homes would not become flooded. Council Member Leo Guerrero inquired about a covered bus shelter for school children to be located in the park, and Mr. Tom Utter explained that the appropriate location for the shelter has yet to be determined. Mayor Jones called for staff comments on the following item: 5. Approval of a twelve month supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee and multiple progressive award provisions, for street construction materials for the Street Division, based on most advantageous bids as follows: White's Mines Cold Mix, Type B & CC Precoated Aggregate, gr 3,4 & 6 Black Base Cold Laid Asphaltic Pavement, Type D $901,974.49 South Texas Construction Co. Flexible Base, Caliche $146,200.00 Bay, Inc. Cold Mix, Type B & CC Precoated Aggregate, gr. 3,4 & 6 Black Base, Flexible Base Caliche Hot Mix, Type D Cold Laid Asphaltic Pavement, Type D Flexible Base, Limestone $68,080.58 Gifford -Hill Precoated Aggregate, gr 3,4 & 6 $15,000.00 Oceanside Asphalt, Inc. Cold Mix, Type B & CC Precoated Aggregate, gr 3,4 & 6 Black Base Hot Mix, Type D Cold Laid Asphaltic Pavement, Type D $402,145.40 U.S. Gypsum Company Hydrated Lime S51,970.20 Heldenfels Brothers, Inc. Precoated Aggregate, gr. 3,4 & 6 Hot Mix, Type D Cold Laid Asphaltic Pavement, Type D Flexible Base, Limestone $30,000.00 Rogers Materials Precoated Aggregate, gr 3,4 & 6 $15,000.00 Minutes Regular Council Meeting January 29, 1985 Page 4 Texas Lime Company Hydrated Lime $5,000 Chemical Lime Company Hydrated Lime $5,000 Round Rock Lime Co. Hydrated Lime $5,000 Austin White Lime Co. Hydrated Lime $5,000 GRAND TOTAL: $1,650,370.67 Prices have decreased 1.6% since last contract July, 1983. Twenty—four bid invitations were issued and twelve bids received. Mr. Tom Stewart, Director of Transportation, stated that this item is the staff's recommendation for street materials; bids were received December 19, 1984; 24 bid invitations were issued; and 12 bids were received. He informed the Council that the street materials meet the State Highway Department's qualifications; evaluation was performed on the precoated aggregates, as this was a major concern to the Council. He stated that to help the staff in their evaluation, material was tested on city streets; an analysis was performed by Texas A&M University; and based on the staff's evaluation, a determination was made as to which awards would be the most economical to the City. Council Member Mary Pat Slavik inquired as to why the bid specifications asked for prices in tons, and not cubic yards. Mr. Stewart stated that street material is mined, shipped, and purchased by the ton. He informed the Council that in order to evaluate the material, it must be converted to cubic yards. He stated that the specifications stated "most advantageous bid" to the City and that an evaluation would be performed to determine which material is most economical to the City. Mrs. Slavik inquired if this is the procedure normally used for bidding street material, and Mr. Stewart stated that the City always ask for prices in tons and the State bids by the ton, but the City also requires that the unit weight per cubic foot be provided so that it can be converted to volume quantities. Council Member Mendez inquired about the term "multiple aggressive awards" and Mr. Stewart stated that this is to assure that delivery of the product is made; if the material cannot be delivered by the low bidder, then the next low bidder would he called upon to deliver. Council Member Mendez stated that the cost per ton was less for Bay, Inc. compared to White's Mines, but when converted to cubic yards the cost is more. Mr. Stewart stated that the staff recommendation is based on the best unit cost per cubic yard, including discounts and unloading costs. He further stated that the Bay and Oceanside material is heavier than that of White's Mines and therefore yields less cubic yards per ton. nutes .egular Council Meeting January 29, 1985 Page 5 Council Member Mendez inquired about the deduction included in the bid by White's Mines. Mr. Stewart stated that White's Mines included a discount for deliveries over 25,000 tons. He further informed the Council that the staff looks at volume for the most advantageous bid price per cubic yard. City Manager Martin referred to the conversion factor of one ton to one cubic yard for Uvalde rock asphalt. Mrs. Slavik referred to the discount offered by White's Mines and inquired as to why the other bidders did not do this, and Mr. Stewart stated that there is a rail transportation discount when shipping quantities greater than 25,000 tons, and White's Mines is passing this discount on to the City. Mayor Jones inquired if the $1.6 million bid award includes delivery costs, and Mr. Stewart stated it does, but material delivered by rail will have to be unloaded by city employees. Mayor Jones inquired if all factors were considered in this recommendation; i.e., unloading costs, and if the staff was recommending the best bids, and Mr. Stewart stated that it is the most economical award after all factors were considered. Mr. Stewart referred to the award of aggregates for surface treatment and stated that when the evaluation factors were considered, the most economical material based on in-place cost is the material provided by White's Mines; it is more expensive by the ton, but when actually placed on the street, it covers a greater area than the other aggregates. Council Member Guerrero inquired if the City would be saving funds by using the White's Mines material, and Mr. Stewart replied affirmatively. Mayor Jones called for comments from the audience on item 5. Mr. John Perrucci, 6620 Up River Road, Oceanside Asphalt, Inc., stated that he takes exception to the procedure used to evaluate the bids. He stated that the City asked for ton prices, and in his opinion, Gifford -Hill bid the lowest price by the ton. He stated that if the City wanted "in-place" prices, it should have been so stated in the specifications. He stated that he could have used light weight material and still met the specifications; he is the low bidder on grades 3, 4 and 6 by the ton. He stated that he was asked for a sample of his material for testing, and he provided what he had at that time. He summarized his remarks by stating that if the City had bid the job the way it was awarded, he would have been the low bidder. Mr. Marty Berry, 9545 Paula, Bay, Inc., stated that in his opinion Gifford -Hill was the low bidder. He stated that 16 days after the bids were received by the Purchasing Department, he was asked for the weight of limestone by the cubic yard. He stated that his company crushes three types of rocks ranging in weight from 75.12/c.f.; 81.11/c.f.; and 84.11/c.f. Mr. Berry then provided the Council samples of the various types of rocks his company crushes. Minutes Regular Council Meeting January 29, 1985 Page 6 Mr. Berry contended that if he had known the City was evaluating weight, he would have submitted the 75,12/c.f. He stated that his company is the third bidder, and that Gifford -Hill should be receiving this award. He stated that if the staff is going to change the bidding procedures, they should bid in cubic yards and not tons. He informed the Council that he would like to resubmit the sandstone, as it is lighter weight. Mr. Berry continued by stating that White's Mines allowed for a refund of .50C per ton, if 25,000 tons are delivered. He stated that if this was used in the evaluation, it is not fair because it is possible that 25,000 tons will not be purchased. He stated again that the staff should have asked for the cubic weight in the beginning, and if they had asked for cubic weight, his company would have used a different material. He stated that the material he submitted was limestone of 84 lbs. per cubic foot, which is 1.13 tons to equal 1 cubic yard, and that White's Mines material is 1 to 1.05 tons to equal 1 cubic yard, because their material is lighter. He stated that when he was contacted by the Purchasing Department for samples, he did not know they would be using it for evaluation. He alledged that the City had pre -determined that they were going to purchase from White's Mines even though Gifford -Hill was the low bidder. Mayor Jones stated that there is nothing deceptive about Tom Stewart; he resents the implications being made; and he further stated that there is nothing dishonest about Mr. Stewart or the staff, as Mr. Berry and Mr. Perrucci have implied. Council Member Guerrero inquired as to why the bids were not by cubic weight, and Mr. Stewart stated that the material is shipped in tonage. He further informed the Council that all bidders were called and asked for their conversion factor. City Manager Martin stated that the evaluation factors in the specifications state "most advantageous bid", life expectancy, delivery requirements, etc. He further stated that Mr. Berry had made the remark that the City should have discussed the evaluation and the specifications do address this in that they state "in-place cost." Council Member Guerrero stated that the bids are not all like material and if the City took the different material bid, would it be comparable. Mr. Stewart stated that the different materials would do the same job, but due to the volume difference, one will cover more territory than another. Mr. Martin stated that it is a value of judgement as to how much territory a particular material will cover; the bid specifications state that the City will award on the "most advantageous bid"; and he further stated that the Berry's met with him in his office and they were told that the City would deal with an "in-place" bid. Mr. Martin stated that the staff is trying to save the City money; they have prepared an analysis which he cannot defend any further; Mr. Berry did not get the bid, but the Council could readvertise for bids again and again until Mr. Berry is the low bidder. 'tnutes .gular Council Meeting January 29, 1985 Page 7 Mayor Jones stated that the Council has sent this item back to staff once; if it is sent back again, they would be delaying maintenance on the streets; and the point is to either accept the recommendation of Mr. Martin, Mr. Stewart, and the staff, or accept Mr. Berry's. Council Member Slavik inquired as to how long the bid award has been given to White's Mines, and Mr. Martin stated that the City previously specified the type of rock, but the last time this was brought before the Council, the Council's instructions were to not specify the type of rock, so that other companies could bid. Mrs. Slavik continued by stating that by looking at the chart provided in the attachment, Gifford -Hill's cost per ton is $18 and then there is an unloading charge. Mrs. Slavik suggested that a solution to this type of problem should be worked out so this does not happen in the future. Mr. Stewart suggested that pre-bid conferences could be held in the future, and Mrs. Slavik stated that she would like to see this done. Council Member Mendez inquired about the Gifford -Hill bid, and Mr. Stewart stated that because of the evaluations that were performed, Gifford -Hill is not as economically feasible as White's Mines. Council Member Berlanga stated that the tests performed by A&M were performed by experts, and that he agrees with the staff's recommendation. He then referred to the types of rocks the different companies have and inquired if White's Mines has only one kind of rock. Mr. Stewart stated that tests were performed by Mr. Bob Galloway of Texas A&M, and the conclusion was that the impregnated rock from White's Mines will provide more coverage with less oil than any other product. Council Member Guerrero asked who determined the "spreadability" of the material, and Mr. Stewart stated that A & M University worked out the formula, and prior to that the staff did because they had had 30 years' experience using Uvalde Rock Asphalt and they had never used sandstone or limestone. Mayor Pro Tem Turner stated that the Council has a responsibility to make sure the award is given for the most advantageous bid and one which also meets the specifications. She stated that the specifications were obviously clear; she agrees with the staff's recommendation, but also agrees that in the future, pre-bid conferences should be conducted. Council Member McComb inquired if a representative Heldenfels Brothers was present, and it was determined that stated that the specifications were clear to four out of six if Gifford -Hill or Heldenfels Brothers felt there was deceit staff, they would be present today. He further stated that staff's recommendation. of Gifford -Hill there was not. of the bidders, on the part of he agrees with or He and the the Minutes Regular Council Meeting January 29, 1985 Page 8 A motion was made by Council Member Kennedy that items 1 thru 5, with the exception of item 3 which had been withdrawn, be approved; seconded by Council Member Brown. Mayor Jones called for comments from the audience on the consent motions. Mr. J. E. O'Brien, representing the Taxpayer's Association, stated that the Association has been following the matter of street construction materials very closely; it is very complicated; valid concerns have been expressed; and perhaps the Association could request an opinion from the Attorney General's Office regarding the City's bidding procedure. Mr. O'Brien then read from a letter from the Attorney General's Office addressed to Ed Martin in which was stated that "award should be based upon the price bid." There were no further comments on the Consent Motions. Mayor Jones called for the vote on the motion to approve the consent motions, item 3 having been withdrawn, and it passed by the following vote: Jones, Turner, Brown, Kennedy, and McComb voting "aye"; Guerrero, Mendez, and Slavik voting "aye" on items 1, 2, and 4, and "no" on item 5; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of the consent ordinances and ordinances from previous meetings. Council Member Slavik, referring to land acquisition for the Navy Clear Zones, inquired as to the number of parcels that have been acquired. Assistant City Manager Lontos stated that 39 parcels have been acquired; there are 31 parcels left; or they have acquired about 60% of the parcels needed. Council Member Berlanga returned to the Chambers at this time, and Mayor Jones inquired as to how he wanted to vote on the consent motions. Council Member Berlanga stated that he would have voted "aye" on the consent motions. Mayor Jones stated that the Council had established a policy that a Council Member could not vote if they were not present in the room at the time the vote was taken, but he wanted this reflected in the minutes. Speaking in regard to item 12, adopting the preliminary assessment roll for the Riverview Trail Street Improvement project, Council Member Guerrero inquired if the staff had any comments on this item. City Manager Martin stated that the preliminary assessment roll is based on the contract award, even though the contract has not been let. He stated that a mistake was made by King Construction Company on their bid in that they inserted unit prices in the wrote the total amount for the various items in the space where the unit price is required to be written in words. He stated that the staff knows what the bidder intended; they are a good company; but they are inutes .egular Council Meeting January 29, 1985 Page 9 recommending that the bid award be given to A. Ortiz, who was the second apparent low bidder, because King Construction Company had made an error in their bid. Council Member Guerrero stated that the Council was faced with this decision in the past and at that time it was awarded to the contractor who had made the mistake in order to save the City tax dollars. He further stated that since King Construction is the low bidder, he felt that the award should go to King over Ortiz; i.e., the assessment roll should be based on King Construction Company's bid. Council Member Kennedy stated that the Council should do what is best for the City, and that should be the final determining factor. He further stated that he felt that King Construction Company's bid is best for the City, although if he was turning in a bid to the City, he would make sure that there were no mistakes. Council Member Guerrero made a motion that the contract be awarded to King Construction Company, seconded by Council Member Mendez. Council Member Mendez stated that the mistake made by King was an obvious typographical error, and that the Council should be consistent with their previous decision and award the contract to the low bidder. Council Member Berlanga stated that he concurs with the remarks that have been made; he believes that an honest mistake was made; and he agrees with the motion because it is in the best interest of the City. Council Member McComb stated that the Council should not negotiate bids; it is obvious that King made a mistake, but the principle needs to be considered. He stated that a bad precedent would be set by not supporting the staff's recommendation, and he feels that the Council should support the staff in preparing the assessment roll based on A. Ortiz' figures. Mayor Pro Tem Turner stated that the Council should have a clear policy on the award of contracts, if there is a discrepancy, it should be awarded based on the price per unit and the written word. Council Member McComb pointed out that at the bottom of each page of the bid sheet it states " that in the case of a discrepancy the unit price in words will govern over the unit price in figures." Mayor Jones called for comments from the audience on the consent ordinances. Mr. Danny Alexander, King Construction Company, stated that he was responsible for the error that had been made because he did not examine the bid. He asked the Council to make a fair and honest decision on this matter; he stated that they are the low bidder and will perform a good job. Mr. Richard Bailey, President, King Construction Company, stated that each job they bid has a different bid form; at the time this bid was prepared, they Minutes Regular Council Meeting January 29, 1985 Page 10 were in a hurry; and he further stated that his company performs approximately $1 to $2 million in construction for the City per year. He referred to the fact that the City makes mistakes too. There were no further comments from the audience. Mayor Jones stated that a motion had been made to prepare the assessment roll in accordance with the bid of King Construction Company. City Manager Martin stated that this item had been prepared in an effort to obtain a policy statement; obviously the staff did not ask King Construction to make the mistake, but this shows that the Council needs a policy. He further stated that the staff is making recommendations to the Council based on policy, but the staff is having to defend those recommendations. Mayor Jones stated that exceptions of this kind are intolerable -- the Council is creating the problem. He stated that he felt A. Ortiz should be awarded the bid; errors on bids are inexcusable; and errors will continue to be made as long as the Council tolerates it. Council Member Slavik stated that the difference between these two bids is $700, but if it were more, that would be justification. She further stated that the amount of money should govern. Council Member Mendez stated that the staff cannot be faulted for bringing this recommendation to the Council, but common sense should dictate. Mayor Jones called for the vote on the motion made earlier to prepare the assessment roll in accordance with the bid of King Construction Company, and it failed to pass by the following vote: Berlanga, Guerrero, Kennedy, and Mendez voting "aye"; Jones, Turner, Brown, McComb, and Slavik voting "no". There were no further comments from the audience on the consent ordinances; Acting City Secretary Zahn polled the Council for their votes on the ordinances; and the following were passed: 6. ORDINANCE NO. 18670 APPROVING THE PURCHASE OF STORM AND SECURITY SHUTTERS FOR THE HIALCO BUILDING; APPROPRIATING $5,493.45; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." 7. ORDINANCE NO. 18671 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 7A IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $10,105; AND DECLARING AN EMERGENCY. 'inutes .egular Council Meeting January 29, 1985 Page 11 The Charter Rule was suspended and the foregoing ordinance passed following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye." 8. ORDINANCE NO. 18672 APPROPRIATING $21,013.46 FOR THE CONSTRUCTION OF A HEAVY EQUIPMENT MAINTENANCE BUILDING; AND DECLARING by the McComb, PARKING LOT ADJACENT TO THE AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye." 9. ORDINANCE NO. 18673 ANNEXING A 60.11 ACRE TRACT OF LAND OUT OF CHRISTI SECTION 18, OWNED BY GENE GRAHAM EMERGENCY. The Charter Rule was suspended and the following vote: Jones, Turner, Berlanga, Mendez, and Slavik voting "aye." 10. ORDINANCE NO. 18674 by the McComb, BLOCKS 1 AND 2, PADRE ISLAND -CORPUS AND LYNN NOACK; AND DECLARING AN foregoing ordinance passed by the Brown, Guerrero, Kennedy, McComb, AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LESLIE SIMON AND JOE OSHMAN, TEXAS COMMERCE BANK TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO TRACTS 1 AND 2 OUT OF LOTS 12, 13, AND 14, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "F -R" FARM -RURAL DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT ON TRACT 1 AND FROM "F -R" FARM -RURAL DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT ON TRACT 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." 11. ORDINANCE NO. 18666 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: River View Trail, from Smith Drive to River Forest Drive; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." Minutes Regular Council Meeting January 29, 1985 Page 12 12. ORDINANCE NO. 18667 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: River View Trail, from Smith Drive to River Forest Drive; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR FEBRUARY 26, 1985 AT 3:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 302 S. SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, McComb, and Slavik voting "aye"; Guerrero, Kennedy, and Mendez voting "no." 13. ORDINANCE NO. 18668 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: 1. Wildcat Drive, from F.M. 624 to Teague Lane, and 2. Teague Lane, from Wildcat Drive to Calallen Drive; AND DECLARING AN EMERGENCY. The Charter Rule was. suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." 14. ORDINANCE NO. 18669 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: 1. Wildcat Drive, from F.M. 624 to Teague Lane, and 2. Teague Lane, from Wildcat Drive to Calallen Drive; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR FEBRUARY 26, 1985 AT 3:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 302 S. SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." 15. SECOND READING CLOSING AND ABANDONING ENNIS JOSLIN ROAD FROM McARDLE ROAD TO SOUTH PADRE ISLAND DRIVE; PROVIDING FOR ALL UTILITIES BEING REMOVED. inutes .egular Council Meeting January 29, 1985 Page 13 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." * * * * * * * * * * * * * Mayor Jones called for the motion on the Regular Agenda. *16. The waiver of the sanitary sewer lot/acreage fee of $43,513.60 for Chaparosa Park Unit 2 be denied. This 67.99 acre tract of land approxi- mately two miles south of the Five Points area near Highway 77 is being platted, and although it is outside the City limits, it is within the extraterritorial jurisdiction of the City. City Manager Martin informed the Council that the developer has requested that this item be withdrawn indefinitely. * * * * * * * * * * * * * Mayor Jones called for consideration of Ordinance 17, execution of a grant and loan agreement with the Nueces County Senior Citizens, Inc., and inquired as to the makeup of the organization, and Assistant City Manager Utter stated that the organization had just elected new officers; Mr. Blas Avila is President; and Mr. David Berlanga is Vice President. Council Member Berlanga disqualified himself from discussion or voting on this ordinance. Mr. Utter continued by stating that the senior citizens at the centers create the vast majority of the membership. He stated that the organization has been working on this project in conjunction with the Community Action Agency for several years. He informed the Council that HUD has granted $1,563,407 to assist in the construction of the project; the organization has requested a loan from the City in the amount of $35,864 for additional costs that they will be responsible for funding in order for them to be able to close the HUD loan and grant; and they have requested a 0% interest loan. He stated that the rent on this project cannot exceed 30% of the renter's income; this project consists of 55 units; and it will be a one-story structure. Mayor Jones inquired if Mr. Utter felt the organization would, at some time in the future, request that the loan be considered a grant, and Mr. Utter stated that the Council could make it a grant at some time in the future, but they have made a commitment to repay the City through fund raising events. City Manager Martin stated that this results in a program that produces low-income housing for the elderly and handicapped, and informed the Council that project closing is scheduled for January 31, 1985, in San Antonio. Further discussion followed regarding this project, and it was the consensus of the Council that this project is very beneficial to the City and its citizens. *Withdrawn Minutes Regular Council Meeting January 29, 1985 Page 14 There were no comments from the audience on this ordinance; Acting City Secretary Zahn polled the Council for their vote on the ordinance which passed as follows: 17. ORDINANCE N0. 18675 AUTHORIZING THE EXECUTION OF A GRANT AND LOAN AGREEMENT WITH THE NUECES COUNTY SENIOR CITIZENS, INC. TO ASSIST IN THE CONSTRUCTION OF A 55 -UNIT HUD SEC. 202 ELDERLY AND HANDICAPPED APARTMENT PROJECT; APPROPRIATING $72,538; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Berlanga disqualified himself. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following item: 18. Street Name Change - Spring Drive to Spring Fork Drive This is a request by the Planning Department. The subject street is located in Sugar Ridge Unit 2, and is a street name duplication. There are eight lots on Spring Drive, three of which are now occupied with new homes. The three residents agree with the street name change and there are no objections from the City Staff. Mr. Larry Wenger, Director of Planning, displayed a transparency of Spring Drive and stated that the duplication is a result of a drafting error. Mayor Jones called for comments from the audience. Mr. Richard Mills, 7301 Spring Fork, questioned the numbering of the homes on the street. He stated that the circle portion of the street is the 7300 block, and the straight portion of the street is the 4300 block. He felt that this could cause a problem for fire and police in locating the street. Mr. Wenger stated that the numbering system is based on a grid pattern; the numbers are the same in relationship with other streets going in the same direction. Mayor Pro Tem Turner suggested that this portion of the street be called "Spring Fork Circle", and Mr. Mills stated that he had no objection to that. A motion was made by Mayor Pro Tem Turner that Spring Drive be changed to Spring Fork Circle; seconded by Council Member Slavik, and passed unanimously. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member McComb, and passed unanimously. 'mutes egular Council Meeting January 29, 1985 Page 15 Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the street name change, and it passed as follows: ORDINANCE NO. 18676 CHANGING THE NAME OF SPRING DRIVE TO SPRING FORK CIRCLE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." * * * * * * * * * * * * * Mayor Jones called for consideration of the following street closure: 19. Street Closing - Last Street, between Caldwell & Mussett This request is being initiated by the staff primarily because Last Street is not now open on the ground and was not recommended for major street improvements in the George Evans School Area Unit 1 Street Improvement project. City records indicate that this street has never been improved or used as a public street, and no pavement whatsoever exists in this 50 -foot wide right-of-way. Mr. Lontos displayed a transparency and explained that the street does not actually exist on the ground. He informed the Council that the staff initiated this closing, and the property owners would not be charged for the property they will receive as a result of this closure. Mayor Jones inquired if Mr. Lontos could point out the railroad area on the transparency and Mr. Lontos pointed out the area. Mayor Jones called for comments from the audience and there was no response. A motion was made by Council Member Slavik that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Mr. Lontos informed the Council that the first reading of the ordinance would be on the agenda next week. Mayor Jones announced the public hearing on the following zoning case: 20. Application No. 185-1, Mr. Jim W. Coffman: For a change of zoning from "R -1B" One -family Dwelling District to "F -R" Farm Rural District on Lot 5, Yorktown Heights Annex, located approximately 600' southwest of Yorktown Boulevard and 650' southeast of Waldron Road. Minutes Regular Council Meeting January 29, 1985 Page 16 Mr. Utter stated that in response to the eight notices mailed, two were received in favor, and none in opposition. He stated that the Planning Commission and Planning Staff recommend approval. Mayor Jones determined that no one in the audience wished to address the Council on this zoning change. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez, and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18677 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JIM W. COFFMAN BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 5, YORKTOWN HEIGHTS ANNEX, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "F -R" FARM -RURAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". * * * * * * * * * * * * * 21. Application No. 185-5, Mr. Lew Borden: For a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lot 3, Block 3, Cabaniss Industrial Park, located on the south side of Saratoga Boulevard, approximately 375' east of Kostoryz Road. Mr. Utter stated that in response to the ten notices mailed, three were received in favor, and none in opposition. He stated that the Planning Commission and Planning Staff recommend approval, and that this zoning is in conformity with the Cabaniss Development Plan. Mayor Jones determined that no one in the audience wished to address the Council on this zoning change. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez, and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18678 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. LEW BORDEN BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, BLOCK 3, CABANISS INDUSTRIAL PARK, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". Minutes Regular Council Meeting January 29, 1985 Page 18 Council Member Berlanga inquired if Mr. Cantu used the alley, and Mr. Cantu stated that he has not been using it. He stated that the alley could be closed, because since the improvements were made in the neighborhood, most of the residents have driveways at the front of their homes. Council Member Berlanga inquired if the City could solve the drainage problem, and Mr. Utter stated that this would be investigated. Mayor Jones inquired if the City would be interested in encouraging the people in the neighborhood to close the alley, and Mr. Utter stated that the staff encourages the closure of "paper alleys", but in this case the alley is being used for entrance into some of the garages. Council Member Berlanga inquired as to the length of the alley, and it was determined that the alley was the length of four lots. Council Member Slavik inquired if Mr. Cantu would agree to install some type of screening, and Mr. Cantu stated that he does have a 6 -foot fence. Mrs. Leija stated that the fence referred to by Mr. Cantu was installed when he requested the zoning change. She stated that she would like assurance that the fence would not be taken down again. Mayor Jones stated that the only way to require a fence would be to grant a special permit with a site plan. Mr. Cantu stated that at one time he did have a fence up to the driveway, but he tore down 3 to 5 feet of that to allow easier access; he is not required to have any type of fence on the back alley; but, he is trying to be a good neighbor. Council Member Slavik inquired if Mr. Cantu would retain the fence that is currently installed, and Mr. Cantu stated that he would. Mayor Jones called for comments from the audience, and there was no response. Council Member Mendez made a motion to close the public hearing; it was seconded by Council Member Brown, and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 18679 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MANUEL N. CANTU, JR. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 10 AND 11, PHILLIPS 66 SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT WITH A "SP" SPECIAL PERMIT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the Lnutes .egular Council Meeting January 29, 1985 Page 19 following vote: Jones, Turner, Brown, Berlanga, Kennedy, McComb, Mendez, and Slavik voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following zoning case: 23. Application No. 185-3T, Rogers Floor Company, Inc.: Amendment to the Zoning Ordinance by amending Article 31, Newly Annexed Territory, Section 31-5 by adding thereto one new subsection to be numbered 31-5.81 setting forth a zoning classification of "B-4" General Business District on a described tract of land when annexed to the City of Corpus Christi, Texas, being 4.765 = acres out of Lot 8, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of South Staples Street, approximately 1,350' north of Yorktown Boulevard. Mr. Utter stated that in response to the seven notices that were mailed, three were returned in favor and four in opposition. Mr. Utter noted that the 20% rule is in effect, therefore the ordinance to change the zoning on the property will require seven affirmative votes. He also noted that this case had been before the City Council earlier. Mr. Wenger displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. He noted that Buckingham Estates is located next to the subject property. Mr. Wenger then displayed a large drawing which showed that there are currently 167 acres in the vicinity zoned "B-4". He stated that the staff has opposed strip zoning on South Staples and supported "B-4" zoning at intersections, and that the staff is recommending denial of "B-4" zoning, and in lieu thereof grant "B-1" zoning on the north half of the tract and "AB" zoning on the south half of the tract, however, limiting these districts to a depth of 400' off South Staples Street. He stated that this is a very narrow strip of land, and expressed the opinion that the property owner to the north and Mr. Rogers should coordinate their efforts on this acreage. Council Member Slavik inquired as to why the staff did not agree with the Planning Commission's recommendation for approval, or grant a special permit, and Mr. Wenger stated that a special permit would restrict the property, and they felt that it would be best to have "AB" zoning on the south half of the tract. Council Member Slavik stated that "B-1" zoning would be practical, but include a limitation on signage. Council Member Guerrero inquired as to what would separate Buckingham Estates from "B-4" zoning, and Mr. Wenger stated that there is a fence surrounding the subdivision. Council Member Berlanga stated that Mr. Rogers is acting in good faith, and that since the property is outside the city limits, he could build any type of Minutes Regular Council Meeting January 29, 1985 Page 20 structure he wanted; Mr. Rogers has been at the location for many years; and he should be granted zoning of "B-4." Mr. Wenger stated that in order for the property to acquire water and sewer services, it has to be annexed to the City. Mr. Harold Shearer, 4707 Everhart, stated that he is the agent for this zoning case. He then distributed a drawing to the Council which showed the subject property and what they propose to do. He stated that they plan to install a 50 -foot street and a dedicated 20 -foot alley; therefore, between the property and Buckingham Estates there would be a street, a screening fence, and a 20 -foot alley. Council Member Kennedy inquired if the applicant could develop the property now as shown on the drawing, and Mr. Wenger stated that he could. Mr. Shearer stated that the applicant is not trying to obtain business zoning on the entire tract; this is a very preliminary drawing; and the rest of the property would be residential. He stated that Mr. Rogers wants to be annexed into the City and he will be annexed, if the property can be zoned, and he will dedicate the street at the time of platting. Mr. Utter stated that there would be no problem granting a special permit based on the drawing provided by Mr. Shearer, which shows future expansion and the street to be dedicated at some time in the future. He informed the Council that if "B-4" zoning is granted, they cannot require platting in the manner shown on the site plan. Council Member Kennedy inquired if the proposed street could be zoned with a special permit and the rest of the area zoned "B-4", and Mr. Utter stated that he would recommend "B -I" zoning with a special permit for the remainder of the strip of land according to this site plan. Council Member Kennedy inquired as to the underlying zoning if it was given a special permit, and Mr. Utter stated that he would recommend "R -1B" or "F -R." Council Member Mendez stated that the proposed street would be 50 feet wide, and inquired as to how this compared with Staples and Yorktown. Mr. Utter stated the 50 feet includes right of way, so actually the street would be 40 feet wide; if the zoning were "R -1B" it would need to be at least 28 feet; and if it was zoned business, more right-of-way would be required. Mr. Shearer stated that they could dedicate a 60 foot right-of-way, with a 40 -foot back to back street. He stated that the staff is being consistent in their recommendations of denial, but he asked that the Council take note as to what has actually been zoned business in the area. He then displayed a map of the surrounding area which showed 130 acres of "B-4" zoning in the immediate vicinity, and stated that the subject tract is only 4.7 acres. Mr. Grayford Rogers, Jr., General Manager of Rogers Floor Company, stated that in 1965 this business was located next to Braslau's Furniture on Staples, mutes _.egular Council Meeting January 29, 1985 Page 21 and they outgrew the facility because it was inaccessible to trucks. In 1975 they moved to the present location which had some good advantages, but also had drawbacks. He stated that they currently have no utilities; in order to obtain utilities they must be annexed; and in order to be annexed, they must have zoning. He stated that the opposition contends there is too much "8-4" zoning in the area, but the areas already zoned "B-4" are vacant, and his facility already exists. He stated that there is also concern that it would decrease the homeowners' property values. He stated that his company is not a manufacturer; they do not generate traffic; there is no pollution; and therefore, would not adversely affect the property values. Mr. Rogers continued by stating that "AB" zoning is not suitable for this area, as this allows only professional office use; non -conforming use is unacceptable, because they have an existing building on the land and if it were destroyed, it could not be rebuilt; and he cannot make sound business decisions under a special permit. He urged the Council to grant the zoning of "B-4." Mayor Jones called for comments from the audience. Mr. Kevin Saunders, a resident of Buckingham Estates, stated that he feels that the subdivision is the best in the City and he would like for his property to retain its value. He stated that he is opposed to "B-4" zoning, as this would be detrimental to the subdivision. Mr. Robert Pettigrew, stated that he is concerned about the business operations now and in the future. He stated that the plan presented by the applicant is very preliminary. He stated that his major concern is the remainder of the property as it is a 1 mile strip, and he would like to see a provision that would zone that strip residential. Council Member McComb stated that the Council has been very carefule not to allow "B-4" zoning next to subdivisions. He suggested that this application be denied and that Mr. Shearer and Mr. Rogers submit a new application for the entire strip of land to be designated "R -1B", except for the 4.7 acres and that it be zoned "B-1" and a 60 -foot street be dedicated. Mr. Richard Polasek, Rt. 1, Box 364, stated that he is in favor of the zoning change. Mr. Ken McDaniel, a former Council Member, stated that he isconcerned with "8-4" zoning for the property because the plans shown for this land does not mean that is what will be built. He stated that if "B-1" is granted for the 4.7 acres and utilities are provided, there would be no guarantee that the remaining unzoned, unannexed property would not tie in to the utilities. Mr. Utter stated that the back portion of the property would be unable to receive utilities unless it was annexed, and it cannot be annexed unless it is platted. Mr. McDaniel continued by stating that there is sufficient business zoning in the area, and indicated that "B-1" zoning would be more appropriate. Minutes Regular Council Meeting January 29, 1985 Page 22 Mr. Jack Graham, 7005 Ashdown Drive, stated that he is opposed to "B-4" zoning, since this type of zoning allows for drinking establishments. He pointed out that the property that was zoned "8-4" for Memorial Medical Center encompasses 50 acres, although the Center itself will only be built on 10 acres. Mr. Mark Bratton, 3739 Aransas, stated that he owns property to the northeast of the land in question. He stated that the City is better served by "B-4" zoning and that zoning should never be used to control competition. He further stated that this type of zoning would not be detrimental to the neighborhood. Council Member Slavik stated that at times zoning cases are presented with a specific plan, but then the plan never materializes after the zoning is granted. Mayor Jones stated that Mrs. Slavik is imposing on the Council's time, and Mrs. Slavik replied that she was just explaining the facts, not being manipulative. Council Member Kennedy suggested that the staff initiate zoning of "R -1B" on the back portion of the property, and the Council require dedication of the street on this application and grant "B-4" zoning on the 4.7 acres. Mr. Utter stated that the dedication of the street could not be required by granting "B-4" zoning. Mrs. Sara Graham, 7005 Ashdown, stated that Buckingham Estates is a unique subdivision in that the City does not maintain the streets; it employs private security; and the residents maintain the park in the subdivision. She stated that she does not object to Mr. Rogers' business, but she does object to "B-4" zoning. She inquired as to why the business needs "B-4" zoning if it can legally operate under "B-1" zoning, unless there are plans for something else. She summarized by stating that there is sufficient "B-4" zoning in the neighborhood; she would urge the Council to grant "B-1" zoning so that Mr. Rogers could obtain City services; and she stated that she would prefer a buffer of professional offices as opposed to a street. Mr. Gregg Calloway, The Lakes subdivision, stated that he lives one mile from the subject property; he has no personal interest in this application, but views this as the smaller land owner being singled out when the larger developers have achieved "B-4" zoning on the surrounding property. He stated that Rogers Floor Company has been at this location several years and has had a difficult time trying to get annexed. Mr. Utter informed the Council that the City has never received a request for annexation on this piece of property. He stated that annexation is subject to Mr. Rogers applying for prezoning. Mr. Crayford Rogers, owner of Rogers Floor Company, stated that his company has no utilities; they tried to get an agricultural tap, but that was denied. He stated that he could build the entire 30 acres with anything he wanted, but he wants to be annexed. He stated that he is trying to abide by the rules the linutes .egular Council Meeting January 29, 1985 Page 23 City has; they need a road for the large trucks that must deliver to his business; and he is not trying to deceive the City. Mr. Rogers continued by stating that he needs "B-4" zoning because a warehouse does exist on the land, signs exist, and he does plan to expand his business. He informed the Council that the areas that have already been zoned "B-4" did not include site plans; his business is already in existence; and he would like to obtain water service and zoning. Mayor Jones inquired as to what "B-4" would give Mr. Rogers that "B-1" would not. Mr. Rogers stated that he wanted to retain the existing signage. There were no further comments from the audience on this application; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Mendez, and passed unanimously. Council Member McComb made a motion that "B-4" zoning be denied and the application be resubmitted for "B-1" zoning on the 4.7 acres, with a 60 -foot street dedication, and for the remaining back portion to be zoned "R -1B", seconded by Council Member Kennedy. Mr. Utter suggested that the Council deny the application for "B-4" and instead grant "B -I" on the 4.7 acres, and instruct the staff to initiate an application for prezoning the remainder of the property "R -1B." He stated that when the area is platted, the staff could require the street dedication. Council Member Kennedy suggested that the Council grant "B-1" zoning with a special permit for "B-4" signage and the street dedication, and the staff initiate prezoning of "R -IB" for the remainder. Mr. Utter stated that it would be better to instruct the staff that upon annexation, a 60 foot dedication would be required. In other words, this would be a consensus motion. He stated that it would be impossible to grant a special permit for the street. Council Member Kennedy suggested that the 60 -foot street portion adjacent to Buckingham Estates be zoned "F -R" and grant "B -I" zoning with a special permit for "B-4" signage on the remainder of the property in this request. Mayor Jones the repeated the motion as follows: Grant "B-1" zoning on the 4.7 acres with a special permit for "B-4" signage; the 60 foot strip be zoned "F -R"; and the City staff initiate a zoning case for the balance of the acreage to be zoned "R -1B"; and instruct the staff to require the 60' street dedication at the time the property is annexed. The motion was seconded by Council Member Mendez. Council Member McComb stated that he could accept this, as long as it addressed the balance of the property and the street dedication. Mayor Jones stated that this would all be subject to annexation; therefore, Minutes Regular Council Meeting January 29, 1985 Page 24 the balance of the property would be annexed as "R -1B." Mr. Utter stated that the staff has no objections to this. Council Member Guerrero inquired if this addresses the possibility of expansion, and Mr. Utter stated that Mr. Rogers could expand. Mr. Guerrero then inquired if the only limitation was the signage, and Mr. Utter stated that it is limited as to what type of zoning is allowed in "B-1" as opposed to "B-4." Council Member Mendez stated that the residents in the area were mainly concerned about the back portion of the property. Mayor Pro Tem Turner stated that the Council's job is to look at the zoning for the particular tract of land; they agree that "B-4" zoning is undesirable; the applicant wants water and signage; and the residents want protection. Mayor Jones stated that there is a motion made by Council Member Kennedy and seconded by Council Member Mendez to deny the "B-4" zoning and in lieu thereof grant "B-1" zoning on all of the 4.7 acres (except the 60 -foot strip adjacent to Buckingham Estates) with a special permit for "B-4" signage; the 60 feet next to Buckingham Estates be zoned "F -R"; and the City staff initiate a prezoning application for the balance of the acreage to be zoned "R -1B." The motion passed as follows: Jones, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga, and Guerrero voting "no". Mr. Utter stated that the ordinance will require seven affirmative votes to approve the zoning change. * * * * * * * * * * * * * Mayor Jones called for the City Manager's Report. Mr. Martin reminded the Council of several upcoming events that the Council would be attending. He stated that on February 12 there will be a ceremony and tour noting improvements at the Broadway and Oso Wastewater Treatment plants; on February 16 the dedication of the Gabe Lozano, Sr. Golf Center is scheduled; and on March 5 the dedication of the Brown Pelican sculpture. The Council indicated their concurrence with these dates, and Mrs. Slavik stated that she wanted the Pharoah Valley Neighborhood Association invited to the ceremony for the Oso Wastewater Treatment Plant. * * * * * * * * * * * * * Mayor Jones stated that on January 31, 1985, the Mayor's Committee on Employment of the Handicapped would be meeting at the Airport Holiday Inn and he urged the Council Members to attend this meeting. mutes Regular Council Meeting January 29, 1985 Page 25 Mayor Jones called for petitions or information from the matters not scheduled on the agenda, and there was no response. There being no further business to come before the Council, Mayor Pro Tem Turner, seconded by Council Member Mendez, and passed the meeting was adjourned at 6:30 p.m., January 29, 1985. /tkd audience on on motion by unanimously,