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HomeMy WebLinkAbout08/26/1976 - Regular Minutes City CouncilMINUTES Regular City Council Meeting August 26, 1976 7:00 P.M. MEMBERS PRESENT: Mayor Bravenec; Councilmen Gardner, Ringer, Dozier, Halter, Hazen, Stephenson; Liaison Martin; City Manager Bardell; City Engineer Ash; Buidling Official Koehler; City Planner Mayo; Director of Parks & Recreation Wojciechowski; Planning and Zoning Commission Chairman Mathewson; Planning and Zoning Commission Vice Chairman Stover; Assistant Snider MEMBERS ABSENT: Councilman Ringer VISITORS PRESENT: See guest register. Agenda Item No. 1 -- Approval of the minutes of the meetings of August 12 and August 17,L i976- Councilman Halter moved approval of the minutes of August 12 and August 17. Councilman Stephenson seconded the motion. Mayor Bravenec requested a change in the minutes of August 12, Agenda Item No. 13. He asked that an addition be made to the next to the last paragraph: "Councilman Ringer moved to resubmit the question in the November election if possible, if the court contest is upheld, and if not possible in November, then in April, in a form to be determined at a later date." The minutes were approved as corrected. A§enda Item No. 2 -- Hear visitors. Mr. Raju, an employee in the Civil Engineering Department, stated that he had called Lone Star Gas for a utility hook up for his apartment and was told that he could not get service until September 8, a 17 day wait. Mayor Bravenec directed City Manager Bardell to call Lone Star about the problem and authorized him to write a letter if the phone call proved unsatisfactory. Agenda Item No. 3 -- Appointment of a committee to study the Navasota River Water Impoundment Program. Mayor Bravenec stated that the purpose of this committee was to view problems which could arise in the future. Mayor Bravenec appointed Councilman Dozier as chairman and Councilmen Ringer and S tephenson as members. Agenda Item No. 4-- Consideration of a final plat of Southwood Valley, Section 7-A. City Planner Mayo described the final plat of Southwood Valley, Section 7-A. He stated that there were two large lots 55 & 56 adjoining the R-1 area. Ail of Lot 56 is zoned R-3 and most of Lot 55 is zoned R-3 for apartments. The abutting lots are zoned R-1 and rezoning is requested from R-3 to R-1. Councilman Gardner asked that the original park dedicat~ ~ be checked MINUTES, Regular City Council Meeting August 26, 1976 7:00 P.M. Page 2 if sufficient land remains to cover new development. Councilman Halter moved approval of the final plat of Southwood Valley, Section 7-A. Councilman Gardner seconded the motion which passed unanimously with Councilman Ringer absent. Agenda Item No. 5 -- Consideration of a final plat of Southwood Valley, Section 4-B. City Planner Mayo described Section 4-B of Southwood Valley. Councilman Hazen asked Mr. Fitch if he was building an access road parallel with the Texas Avenue, East Bypass interchange. Mr. Fitch replied that he was building an access road on the highway right-of-way. Councilman Gardner expressed concern that a strip zone would be created by the proposed subdivision. Councilman Hazen moved that the final plat be approved with the provision that an access road be constructed by the developer. The motion was seconded by Councilman Dozier and approved wit~ Gardner voting against. A§enda Item No. 6 -- Consideration of a final plat of Southwest Place. The plat was passed by general consent. Agenda Item No. 7 -- A public hearing on rezoning portions of the following subdivisions from Apartment Building District R-3 to Single 'Family Residen.tial District R-i' Prairie View Heights; L. D. Smith; Lauterstein; Pasler, D. A. Smith; McCulloch; Southland, Ed Hrdlicka. City Planner Mayo described the property in question and presented the background of the zoning case. Mayor Bravenec asked for discussion of the 9 acre R-3 tract located on Lincoln Street in the D. A. Smith Addition. City Manager Bardell reviewed the zoning history of this tract. Mayor Bravenec opened the public hearing. Mr. Earl Bracken, owner of the property on Lincoln Street spoke in opposition to the proposed rezoning. He pointed out that a petition in opposition had been filed with the City Secretary. Mr. Bracken presented the Council with an independent appraisal which indicated the 'highest and best us~' of the property to be for apartment. Councilman Dozier asked Mr. Bracken if he and his proposed developer could meet with the Planning and Zoning Commission in an attempt to reach a compromise · in developed density between R-3 and R-1. Mr. Bracken stated that he was willing to do this but that time 'was of. the essence to him. Mr. Wailey, 403 Walton, spoke in favor of the proposed rezoning. Mr. A1 Folweiler spoke in favor of the rezoning. Mr. Robert Harvey spoke against the proposed rezoning. 01S8. MINUTES, Regular City Council Meeting August 26, 1976 7:00 P.M. Page 3 Rosetta Keaton, 109 Southland, spoke in favor of the proposed rezoning. Mayor Bravenec closed the public hearing on the question of rezoning Prairie View Heights, Pasler, D. A. Smith and Lauterstein tracts from R-3 to R-1. Agenda Item No. 8-- Consideration of an ordinance rezoning portions of the following subdivisions from Apartment Building District R-3 to Single Family Residential District R-l: Prairie View Heights; L. D. Smith; Lauterstein; Pasler; D. A. Smith; McCulloch; Southland; Ed Hrdlicka. Councilman Hazen moved that an ordinance be drafted rezoning all of the tracts except the 9 acre tract of the D. A. Smith subdivision of which Mr. Earl Bracken was Trustee from R-3 to R-1. The 9 acre tract was to be referred back to the Planning and Zoning Commission for further consideration of a zoning recommendation. Councilman Halter seconded the motion. P&Z Chairman Mathewson pointed out that the lot sizes in the area under consideration were below minimum size and suggested a special condition to allow a variance for this. Councilman Hazen amended her motion to contain an allowance for variation of lot sizes below minimum in the areas to be rezoned. The motion to amend, was seconded by Councilman Stephenson and passed with Councilman Gardner voting against and Councilman Ringer absent. The amended motion to draft an ordinance rezoning parts of the Prairie View Heights, Pasler, L. D. Smith and Lauterstein subdivisions except for a 9 acre tract of the D. A. Smith subdivision, with a provision that said ordinance contain an allowance for variation of lot sizes below minimum in the areas being rezoned, passed with Councilman Gardner abstaining. Mayor Bravenec reopened the public hearing to consider the rezoning of parts of the McCulloch, Southland and Ed Hrdlicka subdivisions. Jerry Bishop, 602 Montclair, and Leonard Milsap, owners of 37 lots in the McCulloch subdivision, presented and described their plans for duplex development They stated they were on record as being against an R-2 zoning and were requesting the retention of R-3 zoning on this property. They stated that in rezoning to R-2,29 public hearings would be required in gaining variance for construction of duplexes. Mr. Bishop stated that the area had been platted in 1937 and has remained vacant since that time. Mr. Bishop and Mr. Milsap stated that they were willing to have placed on their plat the condition that duplexes only be constructed if the area remained R-3. Rosetta Keaton spoke in favor of the entire area being rezoned to R-1. Boyd Hall, 504 Dexter, spoke against the proposed rezoning. Mayor Bravenec closed the public hearing. Councilman Hazen moved to direct the drafting of an ordinance rezoning certain areas of the McCulloch, Southland and Ed Hrdlicka subdivisions from R-3 to R-1 except for Lots 34-52, Block 7 and Lots 9-26, Block 8, McCulloch subdivision MINUTES, Regular City Council Meeting August 26, 1976 7'00 P.M. Page 4 owned by Jerry Bishop and Leonard Milsap to be rezoned R-2, and containing a provision in the ordinance to allow for a variation of lot sizes below minimum in the R-1 areas. Councilman Halter seconded the motion which passed unanimously with Councilman Ringer absent. Agenda Item No. 9 -- A public hearing on re. zoning all of Lots 1 thru 64, Block 1 of the Southwood Terrace Subdivision from Single Family Residential District R-1 tO Duplex Residential District R-2, the request being in the name of Southwood Valley, Inc.. City Planner Mayo described the area of requested rezoning. Mayor Bravenec opened the public hearing. Mr. Fitch presented his plans for development. No one spoke against the rezoning request. Mayor Bravenec closed the public hearing. Agenda Item No. 10 -- Consideration of an ordinance rezoning all of Lots 1 thru 64, Block 1 of the Southwood Terrace Subdivision from Single Family Residential District R-1 to Duplex Residential District R-2, the request being in the name of Southwood Valley, Inc. Councilman Halter moved acceptance of Ordinance No. 1036 rezoning all of Lots 1 thru 64, Block 1 of Southwood Terrace Subdivision from Single Family Residential District R-1 to Duplex Residential District R-2, the request being in the name of Southwood Valley, Inc. The motion seconded by Councilman Stephenson passed with Councilman Gardner voting against and Councilman Ringer absent. Agenda Item No. 11-- Discussion of bike path rules and regulations. Councilman Hazen moved to authorize the expenditures of funds necessary to distribute bike path rules and regulations. The motion seconded by Councilman Halter passed unanimously. Agenda Item No. 12 -- Consideration of a resolution approv~ing a traffic signal a. greement with the Texas Depa.rtmen_t Of H~ghways .and Public Transportation. Councilman Halter moved that the Mayor be authorized to enter into an agreement with the Texas Department of Highways and Public Transportation for traffic signalization. The motion was seconded by Councilman Stephenson and unanimously approved with Councilman Ringer absent. Agenda Item No. 13-- Consideration of an ordinance providing updated service credit for employees under Texas Municipal Retirement System. City Manager Bardell described the ordinance and its effects. Councilman Gardner moved the passage of Ordinance No. 1037 providing for updated service credit for employees under the Texas Municipal Retirement System. Councilman Halter seconded the motion which passed unanimously. MINUTES, Regular City Council Meeting August 26, 1976 7'00 P.M. Asenda Item No. 14 -- Consideration of a wrecker control ordinance. Page 5 Councilman Halter moved to return the ordinance to the City Attorney for further consideration. City Manager Bardell stated he had mentioned to City Attorney Lewis areas of concern to the Council: 1. definitions, 2. controlling wreckers on private property, 3. controlling impoundment of automobiles in a secure place. Councilman S tephenson seconded the. motion which passed unanimously with Councilman Ringer being absent. Agenda Item No. 15 -- Consideration of bid tabulations on a tractor-backhoe. City Manager Bardell recommended the bid of Centex Tractor of Bryan for $22,875 with a 30 day delivery date. Councilman Hazen moved acceptance of the Centex bid of a Ford backhoe for $22,875. The motion was seconded by Councilman Halter and passed unanimously with Councilman Ringer absent. Agenda Item No. 16 -- Consideration of bid tabulations on a digger truck. City Manager Bardell recommended the bid of Commercial Body Corporation of San Antonio for $37,908.00. Councilman Halter moved acceptance of the recommended bid. Councilman Gardner seconded the motion which passed unanimously with Councilman Ringer absent. Agenda Item No. 17 -- Consideration of a request for a variance from Ordinance No. 608 by Mr. E. C. Garner. Mr. Rick Watson, representing Mr. Garner, described the area of requested variance. The property is a 30 foot right-of-way behind the Western Motel on Meadowland. The proposed building is for 14 units with off street parking for 16 cars. Councilman Hazen asked if there would be a cul-de-sac for a fire engine to turn around. City Manager Bardell stated that there was no cul-de-sac as well as there not being a fire hydrant at the end of Meadowland. City Engineer Ash stated the variance request for curb cuts for 16 cars was referred to Council to alleviate the engineering department from setting precedence in allowing curb cuts contrary to Ordinance No. 608. Councilman Hazen requested more information from the fire department. Councilman Halter moved approval of a variance from Ordinance No. 608 for Mr. E. C. Garner. The motion died for lack of a second. Councilman Halter moved to table the request until the next regular. City Counc il MINUTES, Regular City Council Meeting August 26, 1976 7'00 P.M. Page 6 meeting. Councilman Stephenson seconded the motion which passed. Mayor Bravenec and Councilman Ringer abstained. Agenda Item No. 18 -- Discussion of Ward Boundaries. Councilman Halter and Assistant Snider presented ward boundary proposals. Councilman Halter described the statutes dictating drawing of ward boundaries. Mr. Snider described the figures used in drawing up the proposals. Councilman Halter stated the County Commissioners had refused to alter either voting precincts or county precincts. .Agenda Item No. 19 -- Consideration of a resolution authorizing certification of the official statement used in bond sale nesotiations. Councilman Halter moved approval of the resolution authorizing certification of the official statement used in bond sale negotiations. Councilman Ringer seconded the motion which passed unanimously. Agenda Item No. 20 -- Consideration of a contract with the City of Bryan. Councilman Stephenson moved approval of the contract with the City of Bryan. The motion was seconded by Councilman Halter and passed unanimously. Agenda Item No. 21-- Consideration of the authorizing of taking bids on a street, sweeper. Councilman Hazen moved to authorize the City Manager to take bids on a street sweeper. The motion was seconded by Councilman Stephenson and passed unanimously. Agenda Item No. 22 -- Other business. There was no other business. ...Agenda Item No. 23 -- Adjourn. Mayor Bravenec declared the meeting adjourned.  ROVED Mayor ATTEST City Secretary RESOLUTION THE STATE OF TEXAS COUNTY OF BRAZOS The City Council of the City of College Station, Texas meeting in regular session has reviewed the proposed Official Statement in connection with the Official Not. ice of Sale relating to $5,840,000 CITY OF COLLEGE STATION, TEXAS GENERAL OBLIGATION BONDS, SERIES 1976 and $3,000,000 CITY OF COLLEGE STATION, TEXAS UTILITY SYSTEM REVENUE BONDS, SERIES 1976 and authorized and approved this document and authorized the City Manager and the Tax Assessor-Collector to execute as of the date of delivery of the Bond the certificate relating thereto, a copy of which is attached hereto. PASSED AND APPROVED this 26th day of August, 1976. ATTEST City Secretary Mayor REGIR~R CITY COUNCIL MEETING August 26, 1976 7'00 P.M. PLEASE SI~ BELOW- 1.~.' 2~ 3~ 20. ® ® 17. 18. 10. , 11. 37. 38. 39. 40. 41. 42. 43. 57. 58. 59. 60. 61. 62. 63. 44. 64. 45. 65. 46. 66. 47. 67. 48. 68. 49. 69. 50. 70. 51. 71. 52. 72. 53. 73. 54. 74. 55. 75. 56. 76. CERTIFICATE THE STATE OF TEXAS COUNTY OF BRAZOS We, the undersigned, hereby certify that we are the City Manager and Tax Assessor-Collector of College Station, Texas (hereinafter sometimes called "the City"), and we further certify the following for the benefit of the purchasers of $5,840,000 of CITY OF COLLEGE STATION, TEXAS GENERAL OBLIGATION BONDS, SERIES 1976 and $3,000,000 CITY OF COLLEGE STATION, TEXAS UTILITY SYSTEM REVENUE BONDS, SERIES 1976 now in the process of being issued (hereinafter called the "Bonds"); I. That the undersigned have reviewed the Official Statement attached to the Official Notice of Sale of the Bonds dated August 17, 1976 (the "Official Statement") and are familiar with its contents. II. That the Official Statement has been authorized and approved by the City Council of the City. III. That to the best of the knowledge and belief of the undersigned after reasonable investigation: (a) neither the official statement nor any amend- ment or supplement thereto contains any untrue statement of a material fact or omits to state any material fact necessary to make the state- ments therein, in the light of the circumstances in which they were made, not misleading; (b) since the date of the Official Statement, no event has occurred which should have been set forth in an amendment or supplement to the Official State- ment which has not been set forth in an appropriate amendment or supplement thereto; and (c) that there has not been any material adverse change in the operation or financial affairs of the City since the date of the Official Statement. WITNESS OUR HANDS and the seal of the City this the ~~-+~~ day of Sc~.mber, 1976. f City Manager Tax As s es-so~- Co 1-1~c~r - iS E A L] August 21, 1976 City Secretary City of College Station City Hall College Station, Texas 77840 PETITION TO WHOM IT MAY CONCERN: The undersigned hereby files their written protest against a proposed change of 9 acres, more or less, bounded by Lincoln, Pasler and Nimitz, and further described in Volume 273, Page 828, Deed Records of Brazos County, Texas, located in College Station, Brazos County, Texas. We, the undersigned, object to the property being re- zoned from R-3 to R-1 for the reason that such change is not fair and reasonable under the circumstances and, in fact, under the facts and circumstances would be unfair, oppressive, arbitrary, unreasonable and constituting the taking of our property and con- fiscating it without just compensation, violating due process and rights to contract. A rezoning to R-1 would have the effect of substantially reducing the value of the property to a value less than what was paid for it in October, 1968, with an R-3 designation. The undersigned files this their written protest in accordance with the laws and statutes of the State of Texas and ordinances of the City of College Station, College Station, Texas. Respectfully submitted, Earl Bracken, Jr., Trustee ..9"c~c' C" ,~-, ~ ~/'~ ~,', c ,.,.~ ,-V..:~. ~ ,-'i." 7 e. ','r... A~gust 2! 197~ oitv Council ~oqlege :station~ Texas The citizens on ~?a!ton and adjoining streets respectfully request the counc-i] to rezone the Pas]er and Smith prol.-'erty on Lincoln from R~ to R1. . ' / , , ;; ... ~ ~,~,'.,~ f. (.,~~.~. ,.~.~ '7t~~" , .,.,~ . 1:~ "'r'~..~,~..x' -- ,- b ~ ' ~ .... ,~ b-.,",./~ ~6:~'.~--:~ ....-,.-' .... ~ ('.,' . :-- "- :,,j-. ~.. '8 (.I. t,' ' ' August 26, 1976 u.:..~':,' ~our! il ;':,o' !e:::~e St, at~o~ 'fhe citizens on Walton and adjoini~g streets respectfully r.e,~.,_~.e~-~t the council to rezone the Pasler and Smith property .,n ~.'"'. ,~,.~oln from R3 tc R1. t\ J! (/