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112 Regular Meeting June 13, 1994 Page 3 neighborhoods and youth of our city. Mr. Hart asked how the city can tighten up the contractual provisions, and Mr. Taylor advised the City will have control through the lease arrangement with NAACP. The city Manager and city Attorney will negotiate the lease terms and the Council will approve the lease. Mr. Taylor advised if the barracks building is located on the Dunbar property, it will require the approval of voters for that portion of park property used by NAACP as this is dedicated parkland. On roll call for the adoption of the Resolution, the following vote was recorded: AYE: Moore, Mooney, Hart, Guerra, Cox. NAY: Hernandez. ABSTAIN: None. Mr. Guerra introduced for consideration a public hearing and adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE FUTURE LAND USE MAP OF THE MASTER PLAN OF THE CITY, FROM OFFICE/PROFESSIONAL AND COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR A 17.74 ACRE TRACT of PROPERTY LOCATED IN THE 1200 BLOCK OF WONDER WORLD DRIVE AND DECLARING AN EFFECTIVE DATE. Mr. Guerra opened the public hearing and asked if anyone wished to speak. Jim Byrn stated there would be no impact on the neighborhood, and he would be happy to answer any questions the Council may have. No one else wished to speak, so Mr. Guerra closed the public hearing. Mr. Hart moved for adoption of the Resolution and Mr. Mooney seconded the motion. Mr. Patterson advised there is adequate capacity for the project, and the impact fees will assist in the upgrade of the infrastructure. The Council voted unanimously for adoption of the Resolution. Mr. Guerra introduced for consideration a public hearing and adoption of a Zoning Ordinance, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING A TRACT OF PROPERTY 1.27 ACRES IN SIZE, MORE OR LESS, LOCATED ON THE SOUTHEAST SIDE OF THE 700 BLOCK OF VALLEY STREET, FROM "M" (SINGLE-FAMILY, DUPLEX AND NEIGHBORHOOD BUSINESS DISTRICT" TO "P" (PUBLIC AND INSTITUTIONAL DISTRICT) AND DECLARING AN EFFECTIVE DATE. Mr. Guerra opened the public hearing and asked if anyone wished to speak. Kyev Tatum asked how many Council Members have to vote for approval for this to pass, and Mr. Taylor advised him four. Ollie Giles stated she is supportive of the rezoning. Johnnie Armstead asked how many property owners within 200 feet had to sign the petition opposing this zoning change to trigger a 3/4 vote of the Council. Mr. Taylor advised the Planning Department determined 17.3% of property owners within 200 feet had signed petitions of protest, and the city's streets and easements were a part of the 200 , feet radius. Since less than 20% property owners had protested, it did not trigger a 3/4 vote of the Council. Deborah Webster stated she lives across the street from this property and is in favor of the rezoning. No one else wished to speak, so Mr. Guerra closed the public hearing. Mr. Hart moved for adoption of the Zoning Ordinance and Mr. Mooney seconded the motion. Mr. Hart stated he hopes the dialogue will continue during the lease process regarding important issues, such as the hours of operation, clientele, etc., and hopes everyone can come to an agreement and be proud of the center. On roll call the following vote was recorded: