Loading...
HomeMy WebLinkAboutMinutes City Council - 01/07/1986Present Mayor Luther Jones Mayor Pro Tem Jack Best Council Members David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong Minutes City of Corpus Christi, Texas Regular Council Meeting January 7, 1986 2:00 p.m. Acting City Manager Ernest Briones City Attorney Hal George Asst. City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order at 2:00 p.m. in the Council Chamber of City Hall. The invocation was given by Council Member Strong, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mendez. Assistant City Secretary Zahn called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Slavik that the minutes of the Regular Council Meeting of December 31, 1985, be approved; seconded by Council Member Mendez; and passed unanimously. Mayor Name: * * * * * * * * * * * * * Jones presented 30 -year pins to the Salome G. Gutierrez Guadalupe C. Garcia Eusebio Guillen, Jr. Zaragosa V. Garcia Alfonso Cardenas Department: Sanitation Sanitation Fire Gas Gas * * * * * * * * * * following employees: Position: Equipment Operator Equipment Operator Firefighter II Sr. Gas Appliance Ser. Person Meter Repair Person * * * Mrs. Sara Norris, Chairman of the Sesquicentennial Committee in Corpus Christi, presented the Council with official Sesquicentennial caps and asked the MICROFILMED __mutes Regular Council Meeting January 7, 1986 Page 2 Council to join her in officially kicking -off the Sesquicentennial celebration in Corpus Christi. Mrs. Norris stated that the parade had been cancelled due to weather conditions, and had been rescheduled for March 2, 1986, Texas Independence Day. She encouraged all organizations and individuals who have a proposed project or an idea for an event, to contact the Sesquicentennial Office located in Heritage Park. * * * * * * * * * * * * * Mayor Jones administered the Oath of Office to the following newly appointed members of Boards and Commissions: Mr. James Sturdivant, Jr., Mr. Porfirio Silva, and Mr. Pat Alva, Private Industry Council; Mrs. Lilias Hammerick, Corpus Christi Public Library Advisory Board; and Mr. Maurice Shaw, Cable Communications Commission. * * * * * * * * * * * * * Mayor Jones called for consideration of a resolution, which was the result of a closed meeting held during the morning workshop session. Assistant City Secretary Zahn polled the Council for their vote as follows: RESOLUTION NO. 19148 CONFIRMING THE APPOINTMENT BY THE MAYOR, II, SECTION 27, AND SECTION 29-1 OF THE OF MUNICIPAL COURT "E" IN CORPUS CHRISTI, The Charter Rule was suspended and the Best, Berlanga, Guerrero, McComb, Mendez, absent at the time the vote was taken. PURSUANT TO THE CITY CHARTER, ARTICLE CITY CODE, OF CHARLES VANAMAN TO JUDGE TEXAS; AND DECLARING AN EMERGENCY. resolution passed as follows: Jones, Pruet, and Slavik voting "aye"; Strong * * * * * * * * * * * * * A motion was made by Council Member Pruet that the following appointments to Boards and Committees be approved; seconded by Council Member Mendez; and passed unanimously. a. Planning Commission: B. E. Beecroft Cheyenne Eichelberger b. Building Code Board of Appeals: I. C. Moreno (Building Industry) Term: 7-31-87 7-31-86 5-04-89 _.mutes Regular Council Meeting January 7, 1986 Page 3 c. Sister City Committee: Alma Meinrath (Reinstated) 5-87 Emery Janice (Reinstated) 5-86 d. Private Industry Council: Miguel Pro (Economic Development) 6-30-87 e. Bay Drilling Committee: (appointed by the Mayor with approval of the Council from those persons nominated by the oil & gas industry) Gene Carter (oil industry) 12-31-88 John Clanton (alt., oil industry) 12-31-86 f. Electrical Advisory Board: g• Sam Beecroft (commercial bldr.) - Reapptd) 12-31-87 Phillip Benavides (master elec.) - Reapptd) 12-31-87 Arlise Robinson (elec. engineer) - Reapptd) 12-31-87 Senior Community Services Advisory Council: Josephine Dobson Elizabeth Gunter (Reappointed) Rosa Garza (Reappointed) Jim Roberts (Reappointed) Gladys Neu (Reappointed) Eduardo Hinojosa (Reappointed) David Tutt (Reappointed) Linda Longoria * * * * * * * * * * * * * 12-26-86 12-26-87 12-26-87 12-26-87 12-26-87 12-26-87 12-26-87 12-26-87 Mayor Jones announced the bid opening on the following two projects: 1. Flour Bluff South End Laterals, Phase III: This project provides for the installation of gravity sanitary sewers in the Laguna Vista Shores, Holiday Harbor, Bayside Acres 1 & 2, Bluewater and Kingswood Subdivisions, south of the Tropic Isles Channel. Assistant City Manager James K. Lontos opened and read bids from the following companies: Claude Chapman Construction Co., Inc.; Corpus Christi Land Venture; Heldenfels Brothers, Inc.; Isles Engineering and Construction, Inc.; Jalco, Inc.; and W.T. Young Construction Co., Inc. Mayor Jones requested a report on the number of septic tanks this project would eliminate in Flour Bluff. 2. Westside Wastewater Treatment Plant: For construction of a facultative basin, piping modifications, and fencing. These improvements are designed to bring the plant into State and Federal permit compliance for B.O.D. .inutes Regular Council Meeting January 7, 1986 Page 4 Assistant City Manager James K. Lontos opened and read bids from the following companies: R. S. Black Engineers & Contractors; Bracco Construction Co., Inc.; C & A Construction, Inc.; and Stefek Construction Co. Mayor Jones stated that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter. * * * * * * * * * * * * * A motion was made by Council Member Strong that the following item from the Workshop Meeting be approved; seconded by Council Member Mendez. 1. Motion approving the Central Business District requests by: a. Agreeing in concept with the plan to decoratively light the Harbor Bridge. b. Appointing Council Members David Berlanga, Sr. and Linda Strong to represent the City Council on a Committee to finalize a plan and seek approval by the State Highway Commission for the project. c. Should the project be approved and funding secured, the City agree to execute appropriate contracts with the State for construction, operations, and maintenance of the project. In response to a question from Mayor Pro Tem Best regarding funding of the project, Mayor Jones stated that this item does not include nor exclude the City as a possible funding source. The motion passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 through 9: 1. Approval of specifications and authorization to receive bids for a 5,000 lb. capacity industrial fork lift to be used in the Warehouse. This item is included in the 1985-86 Capital Outlay budget. Estimated expenditure is $18,000. 2. Approval of specifications and authorization to receive bids for two 160 CFM trailer mounted air compressors for Water and Gas Divisions to be used to operate various pneumatic tools. These items are included in the 1985-86 Capital Outlay budget with an estimated total expenditure of $26,200. 3. Approval of specifications and authorization to receive bids for 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, for portable chemical toilet service for Water Division, Gas Division, and Park & Recreation. Estimated annual expenditure is $13,500. _nut es Regular Council Meeting January 7, 1986 Page 5 4. Approval of specifications and authorization to receive bids January 26, 1986, for a 1,000 gallon crash/fire/rescue truck to be used at Corpus Christi International Airport. This item is included in the Airport's two year Capital Improvement Program. 5. Authorizing the City Manager or his designee to receive bids for the operation of the concession area at Bill Witt Softball complex for a contract term of three years. Bids will be received at the Park and Recreation Department until 2:00 P.M., January 27, 1986. 6. Approval of specifications and authorization to receive bids for the cost of moving to the new central library. The estimated expenditure is $35,000, with $30,000 being provided out of the bond fund and $5,000 being provided out of the South Texas Library System 85-86 budget. 7. Approving plans and specifications and authorizing the receipt of bids on February 5, 1986, for parking lot improvements at Lindale and Zavala Senior Citizens Centers and the construction of a heavy equipment slab at the Municipal Service Center. Funding for the Lindale and Zavala parking lots is included in the 11th Year Community Development Block Grant Program, and funding for the heavy equipment slab is included in the 1985-86 Maintenance Services Operating budget. 8. Approving the following actions on the Artesian Park and Temple Park Improvement project: a. The contractor be granted an 18 -day time extension to supplement the 40 working days allotted to complete the project due to late delivery of materials and minor utility delays which were beyond the contractor's control. b. The project be accepted and remaining funds of $31,095.50 be authorized to Black Brothers Construction, Inc. The total cost of the work performed, which is funded by 10th and llth Year Community Development Block Grant funds, is $84,087.50. 9. Approving the purchase of a diagnostic on-line software package from Boole and Babbage Software Products at a cost of $25,060. This is a sole source purchase based on the unique features of the package and the cost. Funds are available in the Data Processing Department budget. There were no comments from the audience on the consent motions; a motion was made by Council Member Guerrero that the consent motions, items 1 through 9, be approved; seconded by Council Member Slavik; and passed unanimously. * * * * * * * * * * * * _.inutes Regular Council Meeting January 7, 1986 Page 6 Mayor Jones called for consideration of the Consent Ordinances, items 10 through 14. He asked that Mrs. Mary Bell comment on item 10, approving contracts for the purchase of furnishings and furniture for the Corpus Christi Central Public Library. Mrs. Bell, Chairperson of the Library Board, stated that many people have worked very hard on the selection of the furnishings for the library; they feel this will be one of the most outstanding libraries in the State; and she urged the Council to join the Friends of the Library by making a donation to the Library. There were no further comments from the audience on the Consent Ordinances; Assistant City Secretary Zahn polled the Council for their vote; and the following were approved: 10. ORDINANCE NO. 19145 AUTHORIZING THE EXECUTION OF CONTRACTS WITH LIBRARY BUREAU, INC., FOR LIBRARY CASEWORK INSTALLED IN PLACE, WITH YOCHEM'S FOR LIBRARY FURNITURE INSTALLED IN PLACE, AND WITH G. MADISON COMPANY FOR METAL SHELVING AND MISCELLANEOUS FURNITURE INSTALLED IN PLACE; APPROPRIATING $345,415; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. 11. ORDINANCE NO. 19146 CLOSING AND ABANDONING VARIOUS 5 -FOOT, 10 -FOOT, AND 20 -FOOT WIDE UTILITY EASEMENTS IN BLOCK 1, PADRE STAPLES MALL SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. 12. ORDINANCE N0. 19147 AMENDING ORDINANCE NO. 17591 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: South Padre Island Drive, S.H. 358, North and South Frontage Roads and Bridge Approaches to Cayo Del Oso Bay AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. _.inutes Regular Council Meeting January 7, 1986 Page 7 13. SECOND READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND GREG VOISIN, TRUSTEE, FOR THE ANNEXATION OF APPROXIMATELY 6.4 ACRES OF LAND BEING A PORTION OF LOTS 4-8, SECTION 26, AND A PORTION OF LOTS 25-30, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND A PORTION OF LOT 12, BLOCK 3, GREENFIELDS BY THE BAY UNIT 11, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRI- TORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; The ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. 14. SECOND READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND WOOD RIVER ASSOCIATES FOR THE ANNEXATION OF APPROXI- MATELY 25 ACRES OF LAND BEING A PORTION OUT OF THE MARIANO L. De HERRERA GRANT, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. Council Member McComb questioned the procedure regarding subcontractors being paid additional money by the general contractor when a project has change orders. Assistant City Manager Lontos explained that the contract for the project is only between the City and the general contractor, and the City does not get involved with subcontractors. * * * * * * * * * * * * * * Mayor Jones called for consideration of the following item: 15. Approving a water supply contract between the South Texas Water Authority and the Nueces Water Supply Corporation. The contract provides for the Authority to sell treated water to the Corporation for 40 years. The Authority purchases water from the City of Corpus Christi. Under the terms of its contract with the City, the Authority must secure the written approval of the City Council before it may sell water purchased from the City to a non-profit corporation. Council Member Strong asked how the contract would be affected during a drought situation, and Mr. Lontos explained that the City could decrease the amount sold to the Authority as needed. _.inutes Regular Council Meeting January 7, 1986 Page 8 There were no comments from the audience; a motion was made by Council Member McComb that item 15 be approved; seconded by Council Member Strong; and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following zoning case: 16. Application No. 1085-4, Crow Western Land Company: For a change of zoning from "R-2" Multiple Dwelling District to "A-1" Apartment House District on Lot 3, Block 1, Holly Oaks Subdivision, located between Holly Road and Meadowvista Drive, approximately 106' west of Meadowlight Parkway. Assistant City Manager Tom Utter stated that in response to the 34 notices mailed, none were returned in favor; 7 were returned in opposition; and a petition was received in opposition with 29 signatures. He stated that the Planning Commission recommends denial, and in lieu thereof, that a special permit for apartments be approved subject to an acceptable site plan, and the Planning Staff recommends denial. Mr. Utter informed the Council that the 20% rule is in effect; therefore, 7 affirmative votes are required for passage of the ordinance. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mr. Wenger stated that under the current zoning of "R-2", 133 apartments units are allowed and under the requested zoning of "A-1", 200 units are allowed. In response to a question from Council Member Slavik, Mr. Wenger stated that three-story units are allowed in "A-1", whereas "R-2" is limited to two-story units. Mr. Dennis Elmore, President of Crow Western Company, stated that his company also developed the other two projects in the vicinity, Chandler's Pointe and Chandler's Mill; this complex will be the final phase of the project; and he is agreeable to a special permit for a 200 -unit apartment project. He stated that in his opinion, "R-2" zoning with a townhouse project is less desirable than his project in that the setback requirement would be less than that which he is proposing. He stated that he has attempted to create a buffer zone in that the building will be located 80' from the property line, and further, all of the buildings along the east property line will be two stories, and three stories along the west property line. He stated that this would preserve the integrity of the neighborhood. He stated that the residents had expressed concern about the location of the dumpsters, and the site plan has been changed to locate the dumpsters away from the homes. Mr. Elmore stated that the residents had also expressed concern _.mutes Regular Council Meeting January 7, 1986 Page 9 about the possibility of increased traffic flow thru the neighborhood. He stated that he had had an independent traffic survey performed (copies of which he provided to the Council) which indicated that the majority of the traffic would exit to the west, toward Airline Road, not toward the east, which is through the residential subdivision. Mr. Elmore continued, and stated that they plan to construct an 8' privacy fence along the east boundary of the property and they are willing to help maintain the park; i.e., contribute a sprinkler system, landscaping, and possibly lighting. During the foregoing presentation, Mr. Elmore responded to several questions by the Council. He clarified his reference to an 8' fence, which would actually be a 6' fence; he stated that he does not own the property, but plans to purchase the tract if the zoning is approved; he explained the type financing of the two current projects; explained that approximately 5% to 10% of the current occupants are Navy personnel; the project will be managed in conjunction with the existing two projects; and that at some time in the future, he will sell the project. Council Member Strong spoke in opposition on behalf of the residents who were unable to be present at the Council Meeting. She stated that they are opposed to the zoning change because of concern regarding privacy, the density of the project, and increased traffic through the residential subdivision. Discussion followed regarding the inability of developers to obtain financing for small projects, and Council Member Strong stated that she would like this point clarified, stating that this is either a valid argument or it is not. Mr. Utter stated that a project of 100 units is considered unworkable, but a project ranging from approximately 125 to 150 units is usually very financeable. He stated that Crow Western should have no problem financing the proposed project. Council Member McComb suggested that a portion of the property be rezoned and the site plan be changed to conform in order to maintain a buffer zone of "R-2", and Mr. Elmore stated that he had not considered a layout of that type and he would be unable to address that at this time. Council Member Guerrero stated that he had toured the existing projects; they are of a very high caliber; he pointed out that sometimes traffic situa- tions are exaggerated; the developer has a proven ability in enhancing the area; he feels that "R-2" zoning is more detrimental; and he feels that it is not the developer's responsibility to maintain parks in order to obtain a change in zoning. Mayor Jones called for comments in opposition to the zoning change. Mr. Bill Hall, 6602 Meadowheights, stated that he was speaking on behalf of the residents and that he has two concerns, one, the increase in traffic that ..inutes Regular Council Meeting January 7, 1986 Page 10 will be a result of the zoning change, and two, he feels that there needs to be a buffer zone between the residents and the apartments. He stated that he purchased his home in 1982 with the understanding that the land would be zoned "R-2." Mr. Hall stated that there is an excessive amount of vacant apartments in the City and he would rather the land remain "R-2." In response to a question from Council Member Slavik, Mr. Utter stated that the land would probably be appraised at a higher value if it were zoned "A-1." Council Member Pruet stated that he does not like granting special permits for zoning -- if it is worthy of a special permit, it is worthy of the zoning; however, this particular special permit addresses primary concerns and objections of the residents; it is an acceptable attempt to be a good neighbor; and he suggested that the Council give the project favorable consideration. Council Member Guerrero stated that the special permit is important in this case because it protects the interest of the residents; development of the City cannot be stopped because of opposition, as there will always be opposition. He emphasized that the developer has no responsibility to maintain the park. Council Member Mendez stated that after reviewing the site plan, he agrees with the granting of a special permit; the setback requirements will be sufficient; and he feels the project will not detract from the neighborhood. Mayor Jones stated that he would support the special permit because he feels the residents are better protected with "SP" as opposed to "R-2"; he feels the traffic will not be increased in a great amount; and he stated that property owners do not have the right to hold up development of vacant property. There were no further comments from the audience; a motion was made by Council Member McComb that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. Council Member Slavik stated that she will support the staff's recommen- dation for denial, because she feels that "R-2" zoning would be better in that a townhouse development could be built. Assistant City Secretary Zahn polled the Council for their vote on the ordinance granting the special permit as follows: ORDINANCE NO. 19149 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CROW WESTERN LAND COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR APARTMENTS ON LOT 3, BLOCK 1, HOLLY OAKS SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik voting "no." Mayor Jones stated that the development of parks should not be considered as a condition of zoning. _.inutes Regular Council Meeting January 7, 1986 Page 11 Council Member Pruet indicated his concurrence with the Mayor and also objected to an attempt to force a developer to improve a neighborhood park in order to obtain a special permit. He noted however, that this was a suggestion from a homeowner in the neighborhood and was not a recommendation by the staff. Council Member McComb commented on the lengthy discussion during the applicant's presentation and then moved that in future zoning cases presented to the City Council, that the Council allow the applicant and those in opposition to make their presentations before the Council Members ask questions and make comments, except for purposes of clarification. The motion was seconded by Council Member Mendez and passed by a vote of 7 to 2, Council Members Guerrero and Strong absent at the time the motion was made. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following zoning case: 17. Application No. 1085-3T, Roger's Floor Company, Inc.: For a proposed change to the text of the City Zoning Ordinance $6106 as amended as follows: Amend Article 31, Newly Annexed Territory, by amending Section 31-5 setting forth a zoning classification of "B-4" General Business District on a 4.765 acre tract of land out of Lot 8, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, when annexed to the City of Corpus Christi. The property is located on the west side of South Staples Street, approximately 1,250' north of Yorktown Boulevard. Mr. Utter stated that in response to the 7 notices of the public hearing, 1 was returned in favor, and 1 was returned in opposition, plus 4 in opposition from outside the area of notification. He stated that the Planning Commission recommends denial because the applicant did not submit a site plan, and the Planning Staff now recommends denial, and that "B-4" zoning be approved on the north one-half of the property and "B-1" zoning be approved on the south portion, the "B-4" zoning to be limited to the area on which the floor company is located. He stated, however, that Mr. Rogers has not agreed to this. 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 vicinity. Mr. Wenger further explained that the staff's recommendation for "B-4" zoning includes only the portion on which the floor company is actually located. Speaking on behalf of the applicant was Mr. Ben McDonald, 902 Wilson Building, who provided extensive information about his client and the history of the floor company. He pointed out that Roger's Floor Company was located here before any residential development occurred in the area; he is currently conducting a "B-4" business at this location; a preliminary plat has been filed and is currently pending; and annexation would be in the best interest of the City in that the City would received ad valorem and sales taxes, and the applicant would receive water service. .iinutes Regular Council Meeting January 7, 1986 Page 12 Mr. McDonald stated that the applicant had been denied a loan from Common- wealth Savings because the zoning is inappropriate. He then provided the Council with copies of the correspondence from Commonwealth Savings. Mr. McDonald pointed out the surrounding "B-4" areas, and stated that the applicant will dedicate a 60' roadway adjacent to Buckingham Estates, a 20' alley is already in existence, and this should be sufficient for a buffer zone, which is not the case with the tract of land located on the other side of Buckingham Estates which is zoned "B-4." Mr. McDonald urged the Council to grant zoning of "B-4." Mayor Jones called for comments in opposition; there were none; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Mayor Pro Tem Best; and passed unanimously. Council Member Berlanga stated that he will support the zoning change to "B-4" as he has in the past when this case was before the Council, pointing out that a large amount of "B-4" zoning is in the surrounding area. Mr. Utter pointed out that the warehouse does not qualify under "B-1" zoning, but the business itself does, and to resolve any conflict, "B-4" zoning is necessary. Mr. Utter stated that if "B-4" zoning is granted, the roadway would provide a 60' buffer, but the portion to be dedicated for a roadway would need to remain as "F -R" in order to assure its existence. Council Member McComb pointed out that the residents were aware of "B-4" zoning in the area when they purchased their property. A motion was made by Council Member Guerrero that "B-4" zoning be approved; seconded by Mayor Pro Tem Best. Council Member Mendez stated that he is in favor of "B-4" zoning for the entire tract because Mr. Rogers will be providing a 60' buffer. Mayor Jones stated that he would not support the motion, noting that Mr. Rogers wants to be annexed in order to obtain water, and he feels the staff's recommendation should be adopted. Discussion followed regarding the depth of the property and what type of businesses could possibly locate in such an area. Mayor Pro Tem Best inquired if street dedication could be required under the motion made by Council Member Guerrero, and Mr. Utter stated that it could not be a requirement, but would be a requirement through the platting process. He suggested that the proposed 60' roadway be left out of the zoning change, and grant "B-4" on the remainder of the request. Council Member Guerrero then revised his motion in order to leave out the 60' strip of land from the zoning change to "B-4". The revised motion was seconded by Council Member Berlanga. _.inutes Regular Council Meeting January 7, 1986 Page 13 Council Member Slavik asked for clarification of the motion, and Mr. Utter pointed out on the transparency the area to be zoned "B-4" -- 269.74' in length, the 60' would remain "F -R", and 620' in depth would be changed to "B-4." Council Member Pruet stated that he has not participated in the discussion of this case and will abstain from voting because of a possible conflict of interest. The motion passed with 8 affirmative votes, Council Member Pruet abstaining. * * * * * * * * * * * * * Council Member McComb referred to the tract of land located on South Staples that was rezoned to "B-4" for the construction of a hospital; the bond issue for the hospital failed to pass; therefore, he made a motion that the staff be instructed to initiate a zoning change on this tract of land to revert it to its original zoning. The motion was seconded by Council Member Slavik. Council Member Strong stated that Memorial Hospital should address this subject, because it is her understanding that there remains a possibility that they will construct a hospital on the south side of the City. Council Member Mendez stated that he would also vote against the motion, because he feels Memorial Hospital should address the issue. The motion failed to pass as follows: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, and Strong voting "no"; McComb and Slavik voting "aye." Mayor Jones instructed the staff to meet with Memorial Hospital regarding their plans for this tract of land. * * * * * * * * * * * Acting City Manager introduced Mr. Howard Abbey and Dan Whitworth, Park and Recreation Department, and Mr. Juan Lerma, Wastewater Department, who are participating in the City's Management Development Program. * * * * * * * * * * * Mayor Jones called for petitions from the audience. Mr. Hal Wasson presented photographs of the Mayor and stated that the senior citizens will be meeting on January 8 at 5:00 p.m. and invited the Council to attend the meeting. * * * * * * * * * * * * Council Member Berlanga referred to an article in the Caller -Times which stated that the Council approved the arming of the Marina Patrol with weapons. _nutes Regular Council Meeting January 7, 1986 Page 14 Acting City Manager Briones stated that a report, including the legal opinion and Al Hyman's recommendation, will be presented to the Council next week before an administrative decision is made to arm the Marina Patrol. There being no further business to come before the Council, on motion by Council Member Pruet, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 4:50 p.m., January 7, 1986. /td I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of January 7, 1986, which were approved by the City Council on January 14, 1986. WITNESSETH MY HAND AND SEAL, this the 12d day of re&zecn/n-y , 1986. Armando Chapa City Secretary City of Corpus Christi, Texas